The provisions of the district regulations shall
be subject to additional requirements, limitations and exceptions
in accordance with the following supplementary regulations. Unless
otherwise specified, these supplementary regulations shall apply to
all districts.
The provisions of this chapter shall not be
construed to limit or interfere with the construction or operation
for public utility purposes of water and gas pipes, electric light
and power transmissions and distribution lines, communication lines,
sewers and incidental appurtenances; or with any highway or railroad
right-of-way existing or hereafter authorized by the Town of Chautauqua,
or County of Chautauqua, or State of New York. The above exception
shall not be construed to permit yards, garages or other structures
for service or storage use by said public utility except as otherwise
permitted by this chapter.
If a public water supply is available, no new
dwelling or other new principal building except a farm structure shall
be constructed, erected, altered or used without connection with such
public water supply. If a public sewer is available, no new dwelling
or other new principal building shall be constructed, erected, altered
or used without connection with such public sewer system.
No dwelling shall be erected on any lot which
does not have immediate frontage on an existing street or highway
or a legal right-of-way.
[Amended 12-12-1983 by L.L. No. 3-1983; 7-14-1986 by L.L. No. 2-1986; 6-22-1987 by L.L. No. 3-1987; 12-12-1988 by L.L. No.
3-1988]
A. Mobile homes and house trailers shall be prohibited
in districts designated as R, R-L, PUD, R-R, I, and C-T, unless lawfully
located in any such district prior to the effective date of this provision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. R-A and Commercial Districts shall be the only districts
where mobile homes or house trailers are permitted. In such R-A and
Commercial Districts, no mobile home or house trailer shall be placed
upon a lot, other than in an existing mobile home park or trailer
park on a lot previously occupied by a mobile home or house trailer,
unless the lot area meets the size and area requirements for a detached
one-family dwelling for the district in which it is placed and complies
with the requirements set forth below, except that this provision
shall not apply to any mobile home or house trailer legally located
in an R-A or Commercial District prior to the effective date of this
provision. Mobile homes and house trailers shall meet the following
minimum requirements:
(1) Minimum floor space. The original advertised floor
space of the mobile home, excluding any add-ons, shall be a minimum
of 800 square feet and a minimum width of 14 feet.
(2) Construction standards. Mobile homes and house trailers
shall meet the construction standards of Title 9, Part 1221, of the
New York Rules and Regulations and carry the certifying seal labels
mandated by Title 9, Part 1222, of the New York Rules and Regulations,
as annexed to and made a part hereof.
(3) Parking. Off-street parking spaces in accordance with Article
XI shall be provided.
(4) Installation standards. Within 90 days after a mobile home or house trailer which conforms to Subsection
B(1) and
(2) above is placed upon an approved lot, it shall have been placed in accordance with Title 9, Section 1223.1, of the New York Rules and Regulations as to the site; shall be provided with the utility connections approved by the Town Inspectors in accordance with Section 1223.2 thereof; shall have a support system that complies with the requirements of Section 1223.3 thereof; shall be provided with stabilizing devices in compliance with Section 1223.4 thereof; shall be provided with anchoring equipment in compliance with Section 1223.5 thereof; and shall be provided with ground anchors in compliance with Section 1223.6 thereof; the provisions of Section 1223.1 through 1223.6 are annexed to and made a part hereof. The footings, piers or supports shall be placed and extend down below the frostline, and the mobile home or house trailer shall be surrounded by an attractive wall or fire-resistant skirting of permanent material constructed or installed all the way around the mobile home or house trailer between the ground and floor level.
(5) Location. The placement of a mobile home will only
be authorized when it is found that the location or presence of the
mobile home will not have a substantial negative effect on the existing
character of the neighborhood where it is placed. A substantial negative
effect includes, but is not limited to, a change in neighborhood makeup
which results in a discernible reduction in the value of adjacent
properties or disruption in the aesthetic cohesiveness of an existing
neighborhood.
[Amended 2-8-1993 by L.L. No. 1-1993]
(6) Landscaping. The placement of a mobile home will only
be authorized subject to the applicant's undertaking to provide landscaping
deemed requisite and appropriate to the neighborhood or surrounding
area.
(7) Additions. No addition may be made which does not
comply with the requirements of the New York State Uniform Fire Prevention
and Building Code, which shall be incompatible with the construction
of the mobile home to which it is added or which does not comply with
any of the provisions or restrictions of this chapter.
(8) Storage. The applicant shall provide accessory enclosed
storage for all items customarily or traditionally stored under cover.
(9) Roofs. No mobile home may be placed upon a lot unless
it is provided with metal roofing or shingled gable roof having a
minimum slope of three to 12 feet, and/or in compliance with state
and federal codes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(10)
Mobile homes and house trailers are also regulated
by the New York Code of Rules and Regulations, Title 9, which should
be read together with this chapter.
(11)
All the requirements set forth in §
143-79 shall be met.
[Added 6-8-2015 by L.L.
No. 1-2015]
No travel trailer shall be permitted to remain occupied upon
any premises, other than in a preestablished trailer court or campground,
unless such trailer is located in the Residential-Agricultural (R-A)
District and the trailer is used for overnight occupancy no more than
30 days in any calendar year.
[Amended 6-8-2015 by L.L.
No. 1-2015]
Temporary buildings may be placed in the Residential-Agricultural
(R-A) District only for uses incidental to construction work, provided
that such buildings shall be removed forthwith upon the completion
or abandonment of the construction work.
[Amended 2-8-1993 by L.L. No. 1-1993; 8-11-1997 by L.L. No.
3-1997]
A. No kennel, as defined in §
143-3, shall be permitted on any premises situated in an R, R-L or R-R District.
B. Premises on which a kennel, located in an R, R-L or
R-R District, may have been located on August 15, 1997, may keep those
individual dogs during their lifetime, if the owner of such dogs so
registers those dogs with the Town Clerk on or before January 1, 1998.
[Amended 2-8-1993 by L.L. No. 1-1993; 8-11-1997 by L.L. No.
3-1997]
A. All volatile materials shall be stored and used only
in containers and in the manner approved by the New York State Uniform
Fire Prevention and Building Code.
B. No oil or gas wells or gas and oil storage facilities
shall be located within 100 feet of any existing dwelling or structure
which is used to store farm products or house livestock or poultry;
nearer than 150 feet from any public building or area which may be
used as a place of resort, assembly, education, entertainment, lodging,
trade, manufacture, repair, storage, traffic or occupancy by the public;
nearer than 75 feet to the traveled part of any state, county, township
or municipal road or any public street, road or highway; or nearer
than 50 feet from any public stream, river or other body of water.
In addition, all laws and regulations enforced by the Oil and Gas
Division of the New York State Department of Environmental Conservation
shall apply.
[Added 1-12-1981 by L.L. No. 1-1981;
amended 6-9-1997 by L.L. No. 1-1997]
A. Purpose. The purpose of this section is to promote
the health, safety and general welfare of the residents of the Town
of Chautauqua; to provide standards for the safe provision of communications
consistent with applicable federal and state regulations; to minimize
the total number of communications towers in the community by encouraging
shared use of existing and future towers, and the use of existing
tall buildings and other high structures; and to minimize adverse
visual effects from communications towers by requiring careful siting,
visual impact assessment and appropriate landscaping, thereby protecting
the natural features and aesthetic character of the Town of Chautauqua
with special attention to the scenic value of Chautauqua Lake.
B. Application of special use regulation.
(1) No communications tower, except those approved prior
to the effective date of this section, shall be used unless in conformity
with these regulations. No communications tower shall hereafter be
erected, moved, reconstructed, changed or altered unless in conformity
with these regulations. No existing structure shall be modified to
serve as a communications tower unless in conformity with these regulations.
(2) Applicants proposing to collocate on a previously approved communications tower do not require a special permit. They are, however, subject to site plan review in accordance with Subsection
H. The Zoning Board of Appeals (the Board) may require the applicant to submit any of the items under Subsection
C(1) below as part of the site plan review process.
(3) These regulations shall apply to all property within
the following districts: Residential-Agricultural (R-A); Business
(B); and Industrial (I). Communications towers shall be specifically
excluded from all other zones.
C. Shared use of existing tall structures. At all times,
the shared use of existing tall structures (for example: municipal
water towers, multistory buildings, farm silos, etc.) and existing
or approved towers shall be preferred to the construction of new towers.
(1) An applicant proposing to share use of an existing
tall structure shall be required to submit:
(a)
A completed application for a special permit.
(b)
Documentation of intent from the owner of the
existing facility to allow shared use.
(c)
A site plan. The site plan shall show all existing
and proposed structures and improvements including antennas, roads,
buildings, guy wires and anchors, parking and landscaping, and shall
include grading plans for the new facilities and roads. Any methods
used to conceal the modification of the existing facility shall be
indicated on the site plan.
(d)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing tall structure, and explaining what modifications, if
any, will be required in order to certify the above.
(e)
A completed short EAF and a completed visual
EAF addendum.
(f)
A copy of its Federal Communications Commission
(FCC) license.
(2) If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection
C(1) above, and if modifications indicated according to Subsection
C(1) are deemed insignificant by the Board, after the Board conducts a hearing and complies with all State Environmental Quality Review Act (SEQRA) provisions, the Board shall grant a special permit without further review under this section. If the Board determines that any modifications indicated according to Subsection
C(1) are significant, it may require further review according to Subsections
H through
Q below.
D. New communications tower. The Board may consider a
new communications tower when the applicant demonstrates that shared
use of existing tall structures and existing or approved towers is
impractical. An applicant shall be required to present an adequate
report inventorying all existing tall structures and existing or approved
towers within a reasonable distance of the proposed site. This distance
shall be determined by the Board in consultation with the applicant.
The report shall outline opportunities for shared use of these existing
facilities as an alternative to a proposed new tower. The report shall
demonstrate good faith efforts to secure shared use from the owner
of each existing tall structure and existing or approved tower as
well as documentation of the physical, technical and/or financial
reasons why shared usage is not practical in each case. Written requests
and responses for shared use shall be provided.
E. Shared usage of an existing tower site for placement of a new tower. Where shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection
D above. Any proposals for a new communications tower on an existing tower site shall also be subject to the requirements of Subsections
G through
Q below.
F. New tower at a new location. The Board may consider a new communication tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical, and submits a report as described in Subsection
D above; and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection
E. Any proposal for a new communication tower shall also be subject to the requirements of Subsections
G through
Q below.
G. Future shared use of new towers. The applicant shall
design a proposed new communications tower to accommodate future demand
for reception and transmitting facilities. The applicant shall submit
to the Board a letter of intent committing the owner of the proposed
new tower, and his/her successors in interest, to negotiate in good
faith for shared use of the proposed tower by other communications
providers in the future. This letter shall be filed with the Building
Inspector prior to issuance of a building permit. The letter shall
commit the new tower owner and his/her successor in interest to:
(1) Respond within 90 days to a request for information
from a potential shared-use applicant.
(2) Negotiate in good faith concerning future requests
for shared use of the new tower by other communications providers.
(3) Allow shared use of the new tower if another communications
provider agrees in writing to pay reasonable charges. The charge may
include but is not limited to a pro rata share of the cost of site
selection, planning, project administration, land costs, site design,
construction and maintenance financing, return on equity and depreciation,
and all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
H. Site plan review; submission requirements.
(1) An applicant shall be required to submit a site plan
which shall show all existing and proposed structures, including lighting
and improvements, including roads, buildings, tower(s), guy wires
and anchors, antennas, parking and landscaping, and shall include
grading plans for new facilities and roads.
(2) Supporting documentation. The applicant shall submit
a complete short EAF, a complete visual assessment form (visual EAF
addendum), and documentation on the proposed intent and capacity of
use as well as a justification for the height of any tower and justification
for any clearing required. The applicant shall also submit a copy
of its FCC license.
I. Lot size and setbacks. All proposed communication
tower accessory structures shall be located on a single parcel and
shall be set back from abutting parcels and street lines a distance
sufficient to substantially contain on-site all icefall or debris
from tower failure and preserve the privacy of any adjoining residential
properties.
(1) Lot size of parcels containing a tower shall be determined
by the amount of land required to meet the setback requirements. If
the land is to be leased, the entire area required shall be leased
from a single parcel unless the Board determines that this provision
may be waived.
(2) Communications towers shall comply with all existing
setback requirements of the underlying zoning district, or shall be
located with a minimum setback from any property line equal to at
least 100 feet or 30% of the height of the tower, whichever is greater.
Accessory structures shall comply with the minimum setback requirements
in the underlying zoning district.
J. Visual impact assessment. The Board may require the
applicant to undertake a visual impact assessment which may include
the following:
(1) A Zone of Visibility Map shall be provided in order
to determine locations where the tower may be seen.
(2) Pictorial representations of a before-and-after view
from any key viewpoints both inside and outside of the Town including
but not limited to state highways and other major roads, state and
local parks, Chautauqua Lake, other public lands, preserves and historic
sites normally open to the public, and from any other location where
the site is visible to a large number of visitors or travelers. The
Board shall determine the key sites at a presubmission conference
with the applicant.
(3) Assessment of the alternative tower designs and color schemes, as described in Subsection
K below.
K. New tower design. Alternative designs shall be considered
for new towers, including lattice and single-pole structures. The
design of a proposed new tower shall comply with the following:
(1) Any new tower shall be designed to accommodate future
shared use by other communications providers.
(2) Unless specifically required by other regulations,
a tower shall have a finish that minimizes its degree of visual impact.
(3) The maximum height of any new tower shall not exceed
that which shall permit operation without artificial lighting of any
kind or nature in accordance with state and/or federal law and/or
regulation. The Board at its discretion may modify this requirement
if the applicant can justify the need to exceed this height limitation.
(4) No lighting shall be permitted unless required by
the Federal Aviation Administration or federal, state or local authorities.
If tower lighting is necessary, the applicant shall fully disclose
to the Board all lighting options. Only the minimal amount of tower
lighting necessary to meet state and/or federal laws and/or regulations
shall be authorized. Light pollution or light spillover to nearby
and distant properties shall be minimized to the greatest degree possible
by use of shielding. The Board shall upon review approve only the
lighting scheme that it determines to be least obtrusive to the affected
properties.
(5) The Board may request a review of the application
by a qualified engineer in order to evaluate the need for and the
design of any new tower.
(6) Accessory structures shall maximize the use of building
materials, colors and textures designed to blend with the natural
surroundings.
(7) A sign shall be conspicuously placed near the base
of a tower and it shall generally state that danger exists and that
no access is permitted. No portion of any tower or accessory structure
shall be used for a sign other than as stated or for any other advertising
purpose, including but not limited to company name, phone numbers,
banners and streamers.
L. Existing vegetation. Existing on-site vegetation shall
be preserved to the maximum extent possible. No cutting of trees exceeding
four inches in diameter (measured at a height four feet off the ground),
shall take place prior to the approval of the special permit.
M. Screening. Deciduous or evergreen tree planting may
be required to screen portions of the tower and accessory structures
from nearby residential property as well as from public sites known
to include important views or vistas. Where a site abuts a residential
property or public property, including streets, screening shall be
required.
N. Access. Adequate emergency and service access shall
be provided. Maximum use of existing roads, public or private shall
be made. Road grades shall closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion potential.
O. Parking. Parking shall be provided to assure adequate
emergency and service access. The Board shall determine the number
of required spaces based upon a recommendation from the applicant.
No parking spaces shall be located in any required yard.
P. Fencing. The tower and any accessory structures shall
be adequately enclosed by a fence, the design of which shall be approved
by the Board. This requirement may be waived by the Board if the applicant
demonstrates that such measures are unnecessary to ensure the security
of the facility.
Q. Inspections and removal. Periodic inspections of all towers shall be required every five years. Inspections shall be conducted by a licensed engineer. Based on the results of an inspection, repair or removal of a tower may be required. Tower owners shall remove all towers and accessory structures that are unused for a twelve-month period. Tower owners shall notify the Building Inspector of such nonuse. Removal shall be within six months of written notification. Owners may request a special use permit hearing to request an extension of time for removal for just cause. Failure to notify and/or remove an unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article
XIV of this chapter.
[Added 5-12-2008 by L.L. No. 3-2008]
A. Purpose. The Town Board of the Town of Chautauqua
adopts this section to promote the effective and efficient use of
the Town's wind energy resource through wind energy conversion systems
("WECS") and to regulate the placement of such systems so that the
public health, safety and welfare is not jeopardized.
B. Authority. The Town Board of the Town of Chautauqua
adopts this section under the authority granted by:
(1)
Article
IX of the New York State Constitution § 2(c)(6) and (10);
(2)
New York Statute of Local Governments § 10(1),
(6), and (7);
(3)
New York Municipal Home Rule Law § 10(1)(i)
and (ii) and § 10(l)(ii)(a)(6), (11), (12), and (14);
(4)
The supersession authority of New York Municipal
Home Rule Law, § 10(l)(ii)(d)(3);
(5)
New York Town Law Article 16 (Zoning);
(6)
New York Town Law § 130(1) (Building
Code), § 130(3) (Electrical Code), § 130(5) (Fire
Prevention), § 130(7) (Use of streets and highways), § 130(7-a)
(Location of driveways), § 130(11) (Peace, good order and
safety), § 130(15) (Promotion of public welfare), § 130(15-a)
(Excavated lands), § 130(16) (Unsafe buildings), § 130(19)
(Trespass), and § 130(25) (Building lines); and
(7)
New York Town Law § 64(17-a) (Protection
of aesthetic interests) and § 64(23) (General powers).
C. Findings. The Town Board of the Town of Chautauqua
finds and declares that:
(1)
Wind energy is an abundant, renewable and nonpolluting
energy resource of the Town and its conversion to electricity may
reduce dependence on nonrenewable energy sources and decrease the
air and water pollution that results from the use of conventional
energy sources.
(2)
The generation of electricity from properly
sited wind turbines, including small systems, can be cost effective,
and in many cases, existing power distribution systems can be used
to transmit electricity from wind-generating stations to utilities
or other users, or on-site consumption can be reduced.
(3)
Regulation of the siting and installation of
wind turbines is necessary to protect the health, safety, and welfare
of neighboring property owners and the general public.
(4)
Wind energy facilities present significant potential
aesthetic impacts because of their large size, lighting, and shadow
flicker effects.
(5)
If not properly regulated, the installation
of wind energy facilities can create drainage problems through erosion
and lack of sediment control for facility sites and access roads,
and harm farmlands through improper construction methods.
(6)
Wind energy facilities may present a risk to
bird and bat populations if not properly sited.
(7)
If not properly sited, wind energy facilities
may present risks to the property values of adjoining property owners.
(8)
Wind energy facilities are significant sources
of noise which, if unregulated, can negatively impact adjoining properties.
(9)
Construction of wind energy facilities can create
traffic problems and damage local roads.
(10)
Wind energy facilities can cause electromagnetic
interference with various types of communications.
D. Permits required.
(1)
No wind energy facility shall be constructed,
reconstructed, modified, or operated in the Town of Chautauqua except
in compliance with this section.
(2)
No WECS shall be constructed, reconstructed,
modified, or operated in the Town of Chautauqua except in a Wind Overlay
Zone, pursuant to an application for rezoning and special use permit
approved pursuant to this section.
(3)
No wind measurement tower shall be constructed,
reconstructed, modified, or operated in the Town of Chautauqua except
pursuant to a special use permit issued in accordance with this section.
(4)
No small wind energy conversion system shall
be constructed, reconstructed, modified, or operated in the Town of
Chautauqua except pursuant to a wind energy permit issued pursuant
to this section.
(5)
Notwithstanding any other provision of this
chapter, special use permits for WECS shall be issued by the Town
Board.
(6)
This section shall apply to all areas of the
Town of Chautauqua.
(7)
Exemptions. No permit or other approval shall
be required under this section for WECS used solely for agricultural
or farm operations in a state or county agricultural district, as
long as the facility is set back at least 1 1/2 times its total
height from a property line and does not exceed 120 feet in height.
Prior to the construction of a WECS under this exemption, the property
owner or his designated agent shall submit a site plan to the Town
to demonstrate compliance with the setback requirements.
[Amended 8-11-2008 by L.L. No. 5-2008]
(8)
Transfer. No transfer of any wind energy facility
or special use permit, nor sale of the entity owning such facility,
including the sale of more than 30% of the stock of such entity (not
counting sales of shares on a public exchange), may occur without
prior approval by the Town, which approval shall be granted upon written
acceptance of the transferee of the obligations of the transferor
under this section, and the transferee's demonstration, in the sole
discretion of the Town Board, that it can meet the technical and financial
obligations of the transferor. No transfer shall eliminate the liability
of the transferor nor of any other party under this section unless
the entire interest of the transferor in all facilities in the Town
is transferred and there are no outstanding obligations or violations.
(9)
Notwithstanding the requirements of this section,
replacement in kind or modification of a wind energy facility may
occur without Town Board approval when there will be:
(a)
No increase in total height;
(b)
No change in the location of the WECS;
(c)
No additional lighting or change in facility
color; and
(d)
No increase in noise produced by the WECS.
E. Definitions. As used in this section, the following
terms shall have the meanings indicated:
AGRICULTURAL OR FARM OPERATIONS
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation, and marketing of crops, livestock, and livestock products
as a commercial enterprise, including a commercial horse boarding
operation, as defined in Subdivision 13 of New York Agriculture and
Markets Law § 301, and timber processing, as defined in
Subdivision 14 of New York Agriculture and Markets Law § 301.
Such farm operation may consist of one or more parcels of owned or
rented land which parcels may be contiguous or noncontiguous to each
other.
EAF
An environmental assessment form used in the environmental
review process under SEQRA as that term is defined in Part 617 of
Title 6 of the New York Codes, Rules and Regulations.
RESIDENCE
Any dwelling suitable for habitation existing in the Town
of Chautauqua on the date the SEQRA process for the specific application
is completed, including seasonal homes, hotels, hospitals, motels,
dormitories, sanitariums, nursing homes, senior housing, schools or
other buildings used for educational purposes. A residence may be
part of a multidwelling or multipurpose building but shall not include
correctional institutions.
SEQRA
The New York State Environmental Quality Review Act and its implementing regulations in Title 6 of the New
York Codes, Rules and Regulations, Part 617.
SITE
The parcel(s) of land where a wind energy facility is to
be placed. The site could be publicly or privately owned by an individual
or a group of individuals controlling single or adjacent properties.
Where multiple lots are in joint ownership, the combined lots shall
be considered as one for purposes of applying setback requirements.
Any property which has a wind energy facility or has entered an agreement
for said facility or a setback agreement and received the required
variance shall not be considered off site.
SMALL WIND ENERGY CONVERSION SYSTEM ("SMALL WECS")
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics which does
not exceed 100 feet in height and which is intended to primarily reduce
consumption of utility power at that location.
SOUND PRESSURE LEVEL
The level which is equaled or exceeded a stated percentage
of time. An L10 - 50 dBA indicates that in
any hour of the day 50 dBA can be equaled or exceeded only 10% of
the time, or for six minutes. The measurement of the sound pressure
level can be done according to the International Standard for Acoustic
Noise Measurement Techniques for Wind Generators (IEC 61400-11), or
other accepted procedures.
TOTAL HEIGHT
The height of the tower and the furthest vertical extension
of the WECS.
WIND ENERGY FACILITY
Any wind energy conversion system, small wind energy conversion
system, or wind measurement tower, including all related infrastructure,
electrical lines and substations, access roads and accessory structures.
WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
WIND OVERLAY DISTRICT/ZONE
A district or zone that encompasses one or more underlying
zones and that establishes requirements for wind energy facilities.
F. Applicability.
(1)
The requirements of this section shall apply
to all wind energy facilities proposed, operated, modified, or constructed
after the effective date of this section.
(2)
Wind energy facilities for which a required
permit has been properly issued and upon which construction has commenced
prior to the effective date of this section shall not be required
to meet the requirements of this section; provided, however, that:
(a)
Any such preexisting wind energy facility which
does not provide energy for a continuous period of 12 months shall
meet the requirements of this section prior to recommencing production
of energy.
(3)
No modification or alteration to an existing
wind energy facility shall be allowed without full compliance with
this section.
(4)
Wind energy facilities may be either principal
or accessory uses. A different existing use or an existing structure
on the same site shall not preclude the installation of a wind energy
facility or a part of such facility on such site. Wind energy facilities
constructed and installed in accordance with this section shall not
be deemed expansions of a nonconforming use or structure.
G. Creation of Wind Overlay Zones.
(1)
Wind Overlay Zones may be created in the Residential-Agricultural
(R-A) District only. No Wind Overlay Zone may be created unless the
request is accompanied by applications for WECS special use permits.
(2)
Once a Wind Overlay Zone has been created, new
WECSs or accessory structures or facilities may be added in that zone
by grant of a special use permit pursuant to the requirements of this
section.
H. Applications for wind energy conversion systems. A
joint application for creation of a Wind Overlay Zone and special
use permit for individual WECS shall include the following:
(1)
Name, address, and telephone number of the applicant.
If the applicant is represented by an agent, the application shall
include the name, address, and telephone number of the agent as well
as an original signature of the applicant authorizing the representation.
(2)
Name and address of the property owner. If the
property owner is not the applicant, the application shall include
a letter or other written permission signed by the property owner
confirming that the property owner is familiar with the proposed applications
and authorizing the submission of the application.
(3)
Address, or other property identification, of
each proposed tower location, including Tax Map section, block, and
lot number.
(4)
A description of the project, including the
number and maximum rated capacity of each WECS.
(5)
A plot plan prepared by a licensed surveyor
or engineer drawn in sufficient detail to clearly describe the following.
(a)
Property lines and physical dimensions of the
site.
(b)
Location, approximate dimensions and types of
major existing structures and uses on site, public roads, and adjoining
properties within 500 feet of the boundaries of the proposed Wind
Overlay Zone.
(c)
Location and elevation of each proposed WECS.
(d)
Location of all aboveground utility lines on
the site or within one radius of the total height of the WECS, transformers,
power lines, interconnection point with transmission lines, and other
ancillary facilities or structures.
(e)
Total height of the WECS, transformers, power
lines, interconnection point with transmission lines, and other ancillary
facilities or structures.
(f)
Location and size of structures above 35 feet
within a 500-foot radius of the proposed WECS. For purposes of this
requirement, electrical transmission and distribution lines, antennas,
and slender or open lattice towers are not considered structures.
(g)
The zoning designation of the subject and adjacent
properties as set forth on the official Town Zoning Map.
(h)
Proposed boundaries of the Wind Overlay Zone.
(i)
To demonstrate compliance with the setback requirements
of this section, circles drawn around each proposed tower location
equal to:
[1]
One and one-half times the tower height radius.
[2]
Five-hundred-foot radius.
[3]
One-thousand-two-hundred-foot radius.
(j)
Location of residential structures within 1,200
feet of each proposed tower. The distance from the center of the tower
to any off-site residence within 1,200 feet shall be noted.
(k)
All proposed facilities, including access roads,
electrical lines, substations, storage or maintenance units, and fencing.
(6)
Vertical drawing of the WECS showing total height,
turbine dimensions, tower and turbine colors, ladders, distance between
ground and lowest point of any blade, location of climbing pegs, and
access doors. One drawing may be submitted for each WECS of the same
type and total height.
(7)
Landscaping plan depicting vegetation, describing
the area to be cleared and the specimens proposed to be added, identified
by species and size of specimen, at installation and their locations.
(8)
Lighting plan showing any FAA required lighting
and other proposed lighting. The application should include a copy
of the determination by the Federal Aviation Administration to establish
required markings and/or lights for the structure, but if such determination
is not available at the time of the application, no building permit
for any lighted facility may be issued until such determination is
submitted.
(9)
List of property owners, with their mailing
addresses, within 500 feet of the boundaries of the proposed Wind
Overlay Zone. The applicant may delay submitting this list until the
Town Board calls for a public hearing on the application.
(10)
Decommissioning plan.
(a)
The decommissioning plan shall include:
[1] The anticipated life of the WECS;
[2] The estimated decommissioning costs
in current dollars;
[3] How said estimate was determined;
[4] The method of ensuring that funds
will be available for decommissioning and restoration;
[5] The method, such by annual reestimate
by a licensed engineer, that the decommissioning cost will be kept
current; and
[6] The manner in which the WECS will
be decommissioned and the site restored, which shall include removal
of all structures and debris to a depth of three feet, restoration
of the soil, and restoration of vegetation (consistent and compatible
with surrounding vegetation), less any fencing or residual minor improvements
requested by the landowner.
(b)
The plan shall include the decommissioning bond
required by this section.
(11)
Complaint resolution plan to address complaints
from nearby residents. The process shall use an independent mediator
or arbitrator and include a time limit for acting on a complaint.
The applicant shall make every reasonable effort to resolve any complaint.
(12)
An application shall include information relating
to the construction/installation of the wind energy conversion facility
as follows:
(a)
A construction schedule describing commencement
and completion dates; and
(b)
A description of the routes to be used by construction
and delivery vehicles and the gross weights and heights of those loaded
vehicles.
(13)
Completed Part I of a full EAF and a visual
EAF addendum.
(14)
Applications for special use permits for wind
measurement towers subject to this section may be jointly submitted
with those for the WECS.
(15)
For each proposed WECS, include make, model,
picture and manufacturer's specifications, including noise decibels
data. The manufacturers' material safety data sheet documentation
for the type and quantity of all materials used in the operation of
all equipment, including, but not limited to, all lubricants and coolants,
shall be included.
(16)
If the applicant agrees, in writing, in the
application that the proposed WECS may have a significant adverse
impact on the environment, the Town Board shall issue a positive declaration
of environmental significance.
(17)
If a positive declaration of environmental significance
is determined by the SEQRA lead agency, the following information
shall be included in the draft environmental impact statement ("DEIS")
prepared for a wind energy facility. Otherwise, the following studies
shall be submitted with the application:
(a)
A study on potential shadow flicker. The study
shall identify locations where shadow flicker may be caused by the
WECSs and the expected durations of the flicker at these locations.
The study shall identify areas where shadow flicker may interfere
with residences and describe measures that shall be taken to eliminate
or mitigate the problems.
(b)
A visual impact study of the proposed WECS as
installed, which shall include a computerized photographic simulation,
demonstrating any visual impacts from strategic vantage points. Color
photographs of the proposed site from at least two locations accurately
depicting the existing conditions shall be included. The visual analysis
shall also indicate the color treatment of the system's components
and any visual screening incorporated into the project that is intended
to lessen the system's visual prominence.
(c)
A fire protection and emergency response plan
created in consultation with the fire department(s) having jurisdiction
over the proposed zone.
(d)
A noise analysis by a competent acoustical consultant
documenting the noise levels associated with the proposed WECS. The
study shall document noise levels at property lines and at the nearest
residence not on the site (if access to the nearest residence is not
available, the Town Board may modify this requirement). The noise
analysis shall provide preexisting ambient noise levels and include
low frequency noise.
(e)
Property value analysis, prepared by a licensed
appraiser in accordance with industry standards, regarding the potential
impact of values of properties adjoining WECS sites, including properties
across public roads from the site.
(f)
An assessment of potential electromagnetic interference
with microwave, radio, television, personal communication systems,
and other wireless communication.
(18)
Tower design information sufficient to demonstrate
compliance with wind-loading requirements.
(19)
Analysis of potential ice-throwing and damage
from blade throw impacts.
(20)
A statement, signed under penalty of perjury,
that the information contained in the application is true and accurate.
I. Application review process.
(1)
Applicants may request a preapplication meeting
with the Town Board or with any consultants retained by the Town Board
for application review. Meetings with the Town Board shall be conducted
in accordance with the Open Meetings Law.
(2)
Six copies of the application shall be submitted
to the Town Clerk. Payment of all application fees shall be made at
the time of application submission. If any variances are requested,
variance application fees shall be paid at the time of the receipt
of the application.
(3)
Town staff or Town-designated consultants shall,
within 30 days of receipt, or such longer time if agreed to by the
applicant, determine if all information required under this section
is included in the application.
(4)
If the application is deemed incomplete, the
Town Board or its designated reviewer shall provide the applicant
with a written statement listing the missing information. No refund
of application fees shall be made, but no additional fees shall be
required upon submittal of the additional information unless the number
of WECSs proposed is increased.
(5)
Upon submission of a complete application, including
the grant of any application waiver by the Town Board, the Town Clerk
shall transmit the application to the Town Board. The applicant shall
post the completed application and any accepted environmental impact
statements on the World Wide Web. The application shall be referred
to the Zoning Board of Appeals in accordance with this section and
this chapter.
[Amended 8-11-2008 by L.L. No. 5-2008]
(6)
The Town Board shall hold at least one public
hearing on the application. Notice shall be given by first-class mail
to property owners within 500 feet of the boundaries of the proposed
Wind Overlay Zone, and published in the Town's official newspaper,
no less than 10 nor more than 20 days before any hearing, but, where
any hearing is adjourned by the Town Board to hear additional comments,
no further publication or mailing shall be required. The applicant
shall prepare and mail the notice of public hearing, prepared by the
Town, and shall submit an affidavit of service. The assessment roll
of the Town shall be used to determine mailing addresses.
(7)
The public hearing may be combined with public
hearings on any environmental impact statement or requested variances.
(8)
Notice of the project shall also be given, when
applicable, to the Chautauqua County Planning Board, if required by
General Municipal Law §§ 239-l and 239-m, and to adjacent
municipalities where required by General Municipal Law § 239-nn.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(9)
Applications for WECS are deemed Type I projects
under SEQRA. The Town shall conduct its SEQRA review in conjunction
with other agencies, and the record of review by said agencies shall
be part of the record of the Town's proceedings. The Town may require
an escrow agreement for the engineering and legal review of the applications
and any environmental impact statements before commencing its review.
At the completion of the SEQRA review process, if a positive declaration
of environmental significance has been issued and an environmental
impact statement prepared, the Town shall issue a statement of findings,
which statement may also serve as the Town's decision on the applications.
(10)
Upon receipt of the report of the recommendation
of the County Planning Board (where applicable), the holding of the
public hearing, and the completion of the SEQRA process, the Town
Board may approve, approve with conditions, or deny the applications
in accordance with the standards in this section.
J. Standards for WECS. The following standards shall
apply to all WECS unless specifically waived by the Town Board as
part of a permit.
(1)
All power transmission lines from the tower
to any building or other structure shall be located underground to
the maximum extent practicable.
(2)
No television, radio, or other communication
antennas may be affixed or otherwise made part of any WECS except
pursuant to the telecommunications facilities provisions of the Town
Zoning Code. Applications may be jointly submitted for WECS and telecommunications
facilities.
(3)
No advertising signs are allowed on any part
of the wind energy facility, including fencing and support structures.
(4)
No tower shall be lit except to comply with
FAA requirements. Minimum security lighting for ground level facilities
shall be allowed as approved on the site plan. Security lighting shall
be designed to minimize light pollution, including the use of light
hoods, low glare fixtures, and directing lights at the ground.
(5)
All applicants shall use measures to reduce
the visual impact of WECSs to the extent possible. WECSs shall use
tubular towers. All structures in a project shall be finished in a
single, nonreflective matte finished color or a camouflage scheme.
Individual WECSs within a Wind Overlay Zone shall be constructed using
wind turbines whose appearance, with respect to one another, is similar
within and throughout the zone, to provide reasonable uniformity in
overall size, geometry, and rotational speeds. No lettering, company
insignia, advertising, or graphics shall be on any part of the tower,
hub, or blades.
(6)
The use of guy wires is prohibited.
(7)
No WECS shall be installed in any location where
its proximity with existing fixed broadcast, retransmission, or reception
antenna for radio, television, or wireless phone or other personal
communication systems would produce electromagnetic interference with
signal transmission or reception.
(8)
No WECS shall be installed in any location along
the major axis of an existing microwave communications link where
its operation is likely to produce electromagnetic interference in
the link's operation. If it is determined that a WECS is causing electromagnetic
interference, the operator shall take the necessary corrective action
to eliminate this interference, including relocation or removal of
the facilities, or resolution of the issue with the affected parties.
Failure to remedy electromagnetic interference is grounds for revocation
of the special use permit for the specific WECS or WECSs causing the
interference.
(9)
All solid waste, hazardous waste, and construction
debris shall be removed from the site and managed in a manner consistent
with all appropriate rules and regulations.
(10)
WECSs shall be designed to minimize the impacts
of land clearing and the loss of open space areas. Land protected
by conservation easements shall be avoided when feasible. The use
of previously developed areas will be given priority wherever possible.
(11)
WECSs shall be located in a manner that minimizes
significant negative impacts on rare, endangered, and threatened animal
species in the vicinity, particularly bird and bat species.
(12)
Wind energy conversion facilities shall be located
in a manner consistent with all applicable state and federal wetlands
laws and regulations.
(13)
Stormwater runoff and erosion control shall
be managed in a manner consistent with all applicable state and federal
laws and regulations.
(14)
The maximum total height of any WECS shall be
420 feet.
(15)
Construction of the WECS shall be limited to
the hours of 8:00 a.m. to 8:00 p.m., except for certain activities
that require cooler temperatures than possible during the day, subject
to approval from the Town.
(16)
Substations required to serve WECS are an essential
public service under this chapter. Substations shall be screened from
public view.
(17)
The Town of Chautauqua shall be named as an
additional insured under the general liability policy of the applicant,
the amount of which insurance shall be no less than an amount to be
determined by the Town Board given the nature and scope of the project
proposed by the applicant.
(18)
Any construction or ground disturbance involving
agricultural land shall be done according to the NYS Department of
Agriculture and Markets' publication titled "Guidelines for Agricultural
Mitigation for Wind Power Projects," or its equivalent.
K. Required safety measures.
(1)
Each WECS shall be equipped with both manual
and automatic controls to limit the rotational speed of the rotor
blade so it does not exceed the design limits of the rotor.
(2)
Unless the property owner submits a written
request that no fencing be required, each tower or group of towers
shall be enclosed with a fence at least six feet in height, equipped
with a locking portal.
(3)
The color and type of fencing for each WECS
installation shall be determined on the basis of individual applications
as safety needs dictate. The entrances to access roads shall be gated
and kept locked.
(4)
Appropriate warning signs shall be posted. At
least one sign shall be posted at the base of the tower warning of
electrical shock or high voltage. A sign shall be posted on the entry
area of fence around each tower or group of towers and any building
(or on the tower or building if there is no fence) containing emergency
contact information, including a local telephone number with 24 hours
per day, seven days per week coverage. The Town Board may require
additional signs based on safety needs.
(5)
No climbing pegs or tower ladders shall be located
closer than 12 feet to the ground level at the base of the structure
for freestanding single pole.
(6)
The minimum distance between the ground and
any part of the rotor or blade system shall be 20 feet.
(7)
WECSs shall be designed to prevent unauthorized
external access to electrical and mechanical components and shall
have access doors that are kept securely locked.
(8)
Accurate maps of the underground facilities
shall be filed with the Town and with Dig Safely New York (1-800-962-7962)
or its successor.
L. Traffic routes.
(1)
Construction of WECSs poses potential risks
because of the large size of the construction vehicles used and their
impact on traffic safety and their physical impact on local roads.
Construction and delivery vehicles for WECSs and/or associated facilities
shall use traffic routes established as part of the application review
process.
(a)
Factors in establishing such corridors shall
include:
[1]
Minimizing traffic impacts from construction
and delivery vehicles;
[2]
Minimizing WECS related traffic during times
of school bus activity;
[3]
Minimizing wear and tear on local roads; and
[4]
Minimizing impacts on local business operations.
(b)
Permit conditions may require remediation during
construction, may limit WECS-related traffic to specified routes,
and may include a plan for disseminating traffic route information
to the public, and all applicable state, county, and municipal highway
authorities and superintendents whose roads are included in the WECS
traffic routes plan. Notification to all applicable highway authorities
and superintendents will include the number and type of vehicles and
their size, their maximum gross weight, the number of round trips,
and the dates and time periods of expected use of designated traffic
routes.
(2)
The applicant is responsible for remediation
of damaged roads upon completion of the installation or maintenance
of a WECS. A public improvement bond shall be posted prior to the
issuance of any building permit in an amount, determined by the Town
Board, sufficient to compensate the Town for any damage to local roads.
(3)
If the applicant uses any seasonal-use highway
in the off season, it shall be solely responsible for the maintenance
of said highway, including but not limited to snowplowing. No act
of maintenance on a seasonal-use highway by an applicant shall be
considered as Town maintenance of that highway for purposes of determining
the seasonal-use status of the highway.
M. Setbacks for wind energy conversion systems.
(1)
The statistical sound pressure level generated
by a WECS shall not exceed L10 - 50 dBA measured
at any residence existing at the time SEQRA review of the application
is completed. If the ambient sound pressure level exceeds 48 dBA,
the standard shall be ambient dBA plus five dBA. Independent certification
shall be provided before and after construction demonstrating compliance
with this requirement.
(2)
In the event audible noise due to WECS operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in Subsection
M(1) shall be reduced by five dBA. A pure tone is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.
(3)
If the ambient noise level (not including the
development in question) exceeds the applicable standard given above,
the applicable standard shall be adjusted so as to equal the ambient
noise level. The ambient noise level shall be expressed in terms of
the highest whole number sound pressure level in dBA which is exceeded
for more than five minutes per hour. Ambient noise levels shall be
measured at the exterior of potentially affected existing residences,
schools, hospitals, churches, and public libraries. Ambient noise
level measurement techniques shall employ all practical means of reducing
the effect of wind generated noise at the microphone. Ambient noise
level measurements may be performed when wind velocities at the proposed
project site are sufficient to allow wind turbine operation, provided
that the wind velocity does not exceed 30 mph at the ambient noise
measurement location.
(4)
Any noise level falling between two whole decibels
shall be the lower of the two.
(5)
Each WECS shall be set back from site boundaries,
measured from the center of the WECS, a minimum distance of:
(a)
One thousand feet from the nearest site boundary
property line.
(b)
Five hundred feet from the nearest public road.
(c)
One thousand two hundred feet from the nearest
off-site residence existing at the time of application, measured from
the exterior of such residence.
(d)
One and one-half times the total height of the
WECS from any non-WECS structure or any aboveground utilities, unless
waived by the utility company.
(e)
One thousand five hundred feet from the property
line of any school, church, hospital or nursing facility.
(f)
One hundred feet from state-identified wetlands.
This distance may be adjusted to be greater or lesser, at the discretion
of the reviewing body, based on topography, land cover, land uses
and other factors.
(g)
Five hundred feet from gas wells, unless waived
in writing by the property owner.
N. Noise and setback easements. In the event the noise
levels resulting from a WECS exceed the criteria established in this
section, or any setback requirement is not met, a waiver may be granted
from such requirement by the Town Board in the following circumstances:
(1)
Written consent from the affected property owners
has been obtained stating that they are aware of the WECS and the
noise and/or setback limitations imposed by this section, that they
wish to be part of the site as defined in this section, and that their
consent is granted to:
(a)
Allow noise levels to exceed the maximum limits
otherwise allowed; or
(b)
Allow setbacks less than required; and
(2)
In order to advise all subsequent owners of
the burdened property, the consent, in the form required for an easement,
has been recorded in the County Clerk's office describing the benefited
and burdened properties. Such easements shall be permanent and may
not be revoked without the consent of the Town Board, which consent
shall be granted upon either the completion of the decommissioning
of the benefited WECS in accordance with this section, or the acquisition
of the burdened parcel by the owner of the benefited parcel or the
WECS.
(3)
In any case where written consent is not obtained,
a variance from the Zoning Board of Appeals shall be required.
O. Creation of Wind Overlay Zones and issuance of special
use permits.
(1)
Upon completion of the review process, the Town
Board shall, upon consideration of the standards in this section and
the record of the SEQRA review, issue a written decision that fully
states the reasons for approval, conditions of approval, or disapproval.
(2)
If approved, the Town Board will direct the Town Clerk to modify the Official Map to reflect the creation of the Wind Overlay Zones, and direct Town staff to issue a special use permit for each WECS, upon satisfaction of all conditions for said permit, and direct the Building Inspector to issue a building permit, upon compliance with Chapter
74, Fire Prevention and Building Construction, and the other conditions of this section.
(3)
The decision of the Town Board shall be filed
within five days in the office of the Town Clerk and a copy mailed
to the applicant by first-class mail.
(4)
If any approved WECS is not substantially commenced
within two years of the issuance of the permit, the special use permit
shall expire.
P. Abatement.
(1)
If any WECS remains nonfunctional or inoperative
for a continuous period of one year, the applicant agrees that, without
any further action by the Town Board, it shall remove said system
at its own expense. Removal of the system shall include at least the
entire aboveground structure, including transmission equipment and
fencing, from the property. This provision shall not apply if the
applicant demonstrates to the Town that it has made good faith efforts
to restore the WECS to an operable condition, but nothing in this
provision shall limit the Town's ability to order a remedial action
plan after public hearing.
(2)
Nonfunction or lack of operation may be proven
by reports to the Public Service Commission, NYSERDA, or by lack of
income generation. The applicant shall make available (subject to
a nondisclosure agreement) to the Town Board all reports to and from
the purchaser(s) of energy from individual wind energy conversion
systems, if requested, as necessary to prove the WECS is functioning,
which reports may be redacted as necessary to protect proprietary
information.
(3)
The applicant shall continuously maintain a
fund or bond payable to the Town for the removal of nonfunctional
towers and appurtenant facilities in an amount to be determined by
the Town for the period of the life of the facility. This fund may
consist of a letter of credit from a State of New York licensed financial
institution. All costs of the financial security shall be borne by
the applicant.
Q. Limitations on approvals; easements on Town property.
(1)
Nothing in this section shall be deemed to give
any applicant the right to cut down surrounding trees and vegetation
on any property to reduce turbulence and increase wind flowing to
the wind energy facility. Nothing in this section shall be deemed
a guarantee against any future construction or Town approvals of future
construction that may in any way impact the wind flow to any wind
energy facility. It shall be the sole responsibility of the facility
operator or owner to acquire any necessary wind flow or turbulence
easements or rights to remove vegetation.
(2)
Pursuant to the powers granted to the Town to
manage its own property, the Town may enter into noise, setback, or
wind flow easements on such terms as the Town Board deems appropriate,
as long as said agreements are not otherwise prohibited by state law
or this section.
R. Permit revocation.
(1)
A special use permit shall contain a requirement
that the applicant fund periodic noise testing by a qualified, independent,
third-party acoustical measurement consultant, which may be required
as often as every two years, or more frequently upon request of the
Town Board in response to complaints by neighbors. The scope of the
noise testing shall be to demonstrate compliance with the terms and
conditions of the special use permit and this section and shall also
include an evaluation of any complaints received by the Town. The
applicant shall have 90 days after written notice from the Town Board
to cure any deficiency. An extension of the ninety-day period may
be considered by the Town Board, but the total period may not exceed
180 days.
(2)
A WECS shall be maintained in operational condition
at all times, subject to reasonable maintenance and repair outages.
Operational condition includes meeting all noise requirements and
other permit conditions. Should a WECS become inoperable, or should
any part of the WECS be damaged, or should a WECS violate a permit
condition, the owner or operator shall remedy the situation within
90 days after written notice from the Town Board. The applicant shall
have 90 days after written notice from the Town Board, to cure any
deficiency. An extension of the ninety-day period may be considered
by the Town Board, but the total period may not exceed 180 days.
(3)
Notwithstanding any other abatement provision
under this section, and consistent with § 143-53.1(P)(l),
if the WECS is not repaired or made operational or brought into permit
compliance after said notice, the Town may, after a public meeting
at which the operator or owner shall be given opportunity to be heard
and present evidence, including a plan to come into compliance, order
either remedial action within a particular timeframe; or order revocation
of the special use permit for the WECS and require the removal of
the WECS within 90 days. If the WECS is not removed, the Town Board
shall have the right to use the security posted as part of the decommission
plan to remove the WECS.
S. Wind measurement towers.
(1)
The Town Board acknowledges that prior to construction
of a WECS, a wind site assessment is conducted to determine the wind
speeds and the feasibility of using particular sites. Installation
of wind measurement towers, also known as "anemometer" ("Met") towers,
shall be permitted as a special use in the Residential-Agricultural
(R-A) District.
(2)
An application for a wind measurement tower
shall include:
(a)
Name, address, and telephone number of the applicant.
If the applicant is represented by an agent, the application shall
include the name, address, and telephone number of the agent as well
as an original signature of the applicant authorizing the representation.
(b)
Name, address, and telephone number of the property
owner. If the property owner is not the applicant, the application
shall include a letter or other written permission signed by the property
owner confirming that the property owner is familiar with the proposed
applications and authorizing the submission of the application.
(c)
Address of each proposed tower site, including
Tax Map section, block, and lot number.
(e)
Decommissioning plan, based on the criteria
in this section for WECS, including a security bond or cash for removal.
(3)
The distance between a wind measurement tower
and the property line shall be at least the total height of the tower.
Sites can include more than one piece of property and the requirement
shall apply to the combined properties. Exceptions for neighboring
property are also allowed with the consent of those property owners.
(4)
Special use permits for wind measurement towers
may be issued by the Town Board for a period of up to two years. Permits
may be renewed if the facility is in compliance with the conditions
of the special use permit.
T. Small wind energy conversion systems.
(1)
The purpose of this small WECS subsection is
to provide standards for small wind energy conversion systems designed
for home, farm, and small commercial use on the same parcel, and that
are primarily used to reduce consumption of utility power at that
location. The intent of this small WECS subsection is to encourage
the development of small wind energy systems and to protect the public
health, safety, and community welfare.
(2)
Applications for small WECS wind energy permits
shall include:
(a)
Name, address, and telephone number of the applicant.
If the applicant will be represented by an agent, the name, address,
and telephone number of the agent as well as an original signature
of the applicant authorizing the agent to represent the applicant.
(b)
Name, address, and telephone number of the property
owner. If the property owner is not the applicant, the application
shall include a letter or other written permission signed by the property
owner confirming that the property owner is familiar with the proposed
applications and authorizing the submission of the application.
(c)
Address of each proposed tower location, including
Tax Map section, block, and lot number.
(d)
Evidence that the proposed tower height does
not exceed the height recommended by the manufacturer or distributor
of the system.
(e)
A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to Chapter
74, Fire Prevention and Building Construction.
(f)
Sufficient information demonstrating that the
system will be used primarily to reduce consumption of electricity
at that location.
(g)
Written evidence that the electric utility service
provider that serves the proposed site has been informed of the applicant's
intent to install an interconnected customer-owned electricity generator,
unless the applicant does not plan, and so states in the application,
to connect the system to the electricity grid.
(h)
A visual analysis of the small WECS as installed,
which may include a computerized photographic simulation, demonstrating
the visual impacts from nearby strategic vantage points. The visual
analysis shall also indicate the color treatment of the system's components
and any visual screening incorporated into the project that is intended
to lessen the system's visual prominence.
(3)
All small wind energy systems shall comply with
the following development standards. Such systems shall also comply
with all the requirements established by other parts of this section
that are not in conflict with the requirements contained in this small
wind energy conversion systems subsection.
(a)
The system shall be located in the Residential-Agricultural
(R-A) District on a lot at least one acre in size; however, this requirement
may be met by multiple owners submitting a joint application.
[Amended 8-11-2008 by L.L. No. 5-2008]
(b)
Only one small wind energy system tower per
legal lot shall be allowed, unless there are multiple applicants,
in which case their joint lots shall be treated as one lot for purposes
of this section.
(c)
Small wind energy systems shall be used primarily
to reduce the on site consumption of electricity.
(d)
Tower heights may be allowed as follows:
[1]
Ninety feet or less on parcels between one and
five acres.
[2]
One hundred twenty feet or less on parcels of
five or more acres.
[3]
The allowed height shall be reduced if necessary
to comply with all applicable Federal Aviation requirements, including
Subpart B (commencing with § 77.11) of Part 77 of Title
14 of the Code of Federal Regulations, regarding installations close
to airports.
(e)
The system's tower and blades shall be painted
a nonreflective, unobtrusive color that blends the system and its
components into the surrounding landscape to the greatest extent possible
and incorporates nonreflective surfaces to minimize any visual disruption.
(f)
The system shall be designed and located in
such a manner to minimize adverse visual impacts from public viewing
areas.
(g)
Exterior lighting on any structure associated
with the system shall not be allowed except that which is specifically
required by the Federal Aviation Administration.
(h)
All on-site electrical wires associated with
the system shall be installed underground except for tie-ins to a
public utility company and public utility company transmission poles,
towers and lines. This standard may be modified by the reviewing body
if the project terrain is determined to be unsuitable due to reasons
of excessive grade, biological impacts, or similar factors.
(i)
The system shall be operated such that no disruptive
electromagnetic interference is caused. If it has been demonstrated
that a system is causing harmful interference, the system operator
shall promptly mitigate the harmful interference or cease operation
of the system.
(j)
At least one sign shall be posted on the tower
at a height of five feet warning of electrical shock or high voltage
and harm from revolving machinery. No brand names, logo or advertising
shall be placed or painted on the tower, rotor, generator, or tail
vane where it would be visible from the ground, except that a system
or tower's manufacturer's logo may be displayed on a system generator
housing in an unobtrusive manner.
(k)
Towers shall be constructed to provide one of
the following means of access control or other appropriate method
of access:
[1]
Tower-climbing apparatus located no closer than
12 feet from the ground.
[2]
A locked anticlimb device installed on the tower.
[3]
A locked, protective fence at least six feet
in height that encloses the tower.
(l)
Construction of on-site access roadways shall
be minimized. Temporary access roads used for initial installation
shall be regraded and revegetated to the preexisting natural condition
after completion of installation.
(m)
To prevent harmful wind turbulence from existing
structures, the minimum height of the lowest part of any horizontal
axis wind turbine blade shall be at least 30 feet above the highest
structure or tree within a radius of 250 feet. Modification of this
standard may be made when the applicant demonstrates that a lower
height will not jeopardize the safety of the wind turbine structure.
(n)
All small wind energy system tower structures shall be designed and constructed to be in compliance with pertinent provisions of Chapter
74, Fire Prevention and Building Construction.
(o)
All small wind energy systems shall be equipped
with manual and automatic over-speed controls. The conformance of
rotor and over-speed control design and fabrication with good engineering
practices shall be certified by the manufacturer.
(4)
All small wind energy systems shall comply with
the following standards:
(a)
A small WECS shall not be located closer to
a property line than 1 1/2 times the total height of the WECS.
(b)
Except during short-term events, including utility
outages and severe wind storms, a small WECS shall be designed, installed,
and operated so that noise generated by the system does not exceed
the 50 decibels (dBA), as measured at the closest neighboring, inhabited
dwelling.
(5)
A small WECS which is not used for 12 successive
months shall be deemed abandoned and shall be dismantled and removed
from the property at the expense of the property owner. Failure to
abide by and faithfully comply with this section or with any and all
conditions that may be attached to the granting of any building permit
shall constitute grounds for the revocation of the permit by the Town.
(6)
All small WECS shall be maintained in good condition
and in accordance with all requirements of this section.
(7) Procedure. An application for a wind energy permit shall be submitted
to the Code Enforcement Officer, who shall issue the permit if the
proposed small WECS meets all requirements hereof.
[Added 8-11-2008 by L.L. No. 5-2008]
U. Waivers.
(1)
The Town Board may, after a public hearing (which
may be combined with other public hearings on wind energy facilities,
so long as the waiver request is detailed in the public notice), grant
a waiver from the strict application of the provisions of this section
if, in the opinion of the Town Board, the grant of said waiver is
in the best interests of the Town. The Town Board may consider as
reasonable factors in evaluating the request, which may include, when
applicable, the impact of the waiver on the neighborhood, including
the potential detriment to nearby properties, the benefit to the applicant,
feasible alternatives, and the scope of the request.
(2)
The Town Board may attach such conditions as
it deems appropriate to waiver approvals as it deems necessary to
minimize the impact of the waiver.
V. Fees.
(1)
In addition to any fee schedule adopted by the
Town of Chautauqua Town Board, there shall be nonrefundable application
fees as follows:
(a)
Wind Overlay Zone rezoning: a fee in an amount
as established by resolution of the Town Board per zone.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
WECS special use permit: a fee in an amount
as established by resolution of the Town Board per megawatt of rated
maximum capacity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
Wind measurement towers: a fee in an amount
as established by resolution of the Town Board per tower.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
Wind measurement tower special use permit renewals:
a fee in an amount as established by resolution of the Town Board
per wind measurement tower.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(e)
The cost of all legal notices and mailings shall
be assessed to the applicant.
(2)
The Town Board may amend these fees, by resolution,
after a properly noticed public hearing.
W. Building permits.
(1)
The Town believes the review of building and
electrical permits for wind energy facilities requires specific expertise
for those facilities. Accordingly, the permit fees, if any, for such
facilities shall be increased by administrative costs which shall
be in an amount as established from time to time by resolution of
the Town Board per permit request, plus the amount charged to the
Town by the outside consultant hired by the Town to review the plans
and inspect the work.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
In the alternative, the Town and the applicant
may enter into an agreement for an inspection and/or certification
procedure for these unique facilities. In such case, the Town and
the applicant will agree to a fee arrangement and escrow agreement
to pay for the costs of the review of the plans, certifications or
conduct inspections as agreed by the parties.
(3)
The applicant shall, prior to the receipt of
a building permit, demonstrate that the proposed facility meets the
system reliability requirements of the New York Independent System
Operator, or provide proof that it has executed an interconnection
agreement with the New York Independent System Operator and/or the
applicable transmission owner.
X. Host community agreements. Nothing in this section
shall be read as limiting the ability of the Town to enter into host
community agreements with any applicant to compensate the Town for
the expenses or other impacts of a WECS on the community. The Town
shall require any applicant to enter into an escrow agreement to pay
the engineering and legal costs of any application review, including
the review required by SEQRA.
Y. Tax exemption. The Town hereby exercises its right
to opt out of the tax exemption provisions of Real Property Tax Law
§ 487, pursuant to the authority granted by Subdivision
8 of that law.
Z. Enforcement; penalties and remedies for violations.
(1)
The Town Board shall appoint such Town staff
or outside consultants as it sees fit to enforce this section.
(2)
Any person owning, controlling, or managing
any building, structure, or land who shall undertake a wind energy
conversion facility or wind measurement tower in violation of this
section or in noncompliance with the terms and conditions of any permit
issued pursuant to this section, or any order of the Code Enforcement
Officer, and any person who shall assist in so doing, shall be guilty
of an offense and subject to a fine of not more than $350 or to imprisonment
for a period of not more than 15 days, or subject to both such fine
and imprisonment for a first offense; for a second offense (both within
a period of five years) a fine not less than $350 nor more than $700,
or imprisonment not to exceed six months, or both; and for a third
or more offense (all of which occurred within five years) a fine not
less than $700 nor more than $ 1,000, or imprisonment not to exceed
six months, or both. Every such person shall be deemed guilty of a
separate offense for each week such violation shall continue. The
Town may institute a civil proceeding to collect civil penalties in
the amounts set forth herein for each violation and each week said
violation continues shall be deemed a separate violation.
(3)
In case of any violation or threatened violation
of any of the provisions of this section, including the terms and
conditions imposed by any permit issued pursuant to this section,
in addition to other remedies and penalties herein provided, the Town
may institute any appropriate action or proceeding to prevent such
unlawful erection, structural alteration, reconstruction, moving and/or
use, and to restrain, correct or abate such violation, to prevent
the illegal act.
[Added 4-10-2017 by L.L.
No. 1-2017; amended 3-8-2023 by L.L. No. 2-2023]
A. Purpose. The Town Board of the Town Chautauqua, exercising the authority
granted to under the Town Law of the State of New York to protect
the health, safety, and welfare of the residents and property owners
of the Town of Chautauqua, does hereby enact this section to regulate
the construction, maintenance and placement of solar energy systems
and equipment in the Town of Chautauqua. The purpose of this regulation
is to balance the potential impact on neighbors when solar collectors
may be installed near their property, while preserving the rights
of property owners to install solar collection systems without excess
regulation. The Town of Chautauqua recognizes the importance of solar
systems in generating electricity for on-premises and off-premises
use, the reduction of greenhouse gas emissions and support for emerging
solar system economic development.
B. Definitions. As used in this section, the following terms shall have
the meaning indicated:
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)
A solar energy system that consists of integrating photovoltaic
modules into the building structure. Technologies include PV shingles
or tiles, PV laminates and PV glass. Examples of placement include
vertical facades, semitransparent skylights, awnings, fixed awnings
and roofs.
GROUND-MOUNTED SYSTEMS
A solar energy system that is anchored to the ground and
attached to a pole or similar mounting system, detached from any other
structure.
LARGE-SCALE SYSTEM
Solar energy systems located on land in the Town of Chautauqua
used primarily to convert solar energy into electricity for off-site
consumption or sale and/or systems that have the capacity to produce
more than 25 kW per hour of energy.
ROOF-MOUNTED SYSTEM
A solar power system in which solar panels are mounted on
top of the structure of a roof either as a flush-mounted system or
as modules fixed to frames which can be tilted toward the sun at an
optimal angle. Roof-mounted systems shall be located on a roof of
a permitted principal use or accessory structure.
SMALL-SCALE SOLAR
A solar energy system that installed and placed for the production
of energy for consumption only on-site, and that has the capacity
to produce less than 25 kW per hour of energy.
SOLAR ENERGY EQUIPMENT
Energy storage devices, materials, hardware, or electrical
equipment and conduit associated with the production of electrical
energy.
SOLAR ENERGY PRODUCTION FACILITY
Energy generation facility or area of land principally used
to convert solar energy to electricity, whether by photovoltaics,
concentrating solar thermal devices or various experimental solar
technologies, with the primary purpose of wholesale or retail sales
of electricity.
SOLAR PANEL
A device capable of collecting and converting solar energy
into electrical energy.
SOLAR STORAGE BATTERY
A device that stores energy from the sun and makes it available
in an electrical form.
C. Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems installed or modified after the effective date of the local
law by which it was adopted, excluding general maintenance and repair.
(2)
All solar energy systems shall be designed, erected and installed
or modified in accordance with all applicable codes, regulations and
industry standards as referenced in the New York State Building Code
and the Town Code as well as the National Electrical Code (NEC), National
Fire Protection Code 70 (NFPA 70), and local regulations.
(3)
Under SEQRA regulations, actions are classified as Type I, Type
II, or Unlisted actions. Type II actions are exempt from review and
include actions such as the construction, expansion or placement of
minor or accessory structures. The Town of Chautauqua considers building-integrated
solar components and small scale systems to be Type II actions and
therefore exempt from all SEQRA requirements, including the submission
of an EAF (Environmental Assessment Form). Large-scale systems and
solar energy production facilities that meet thresholds contained
in the SEQRA regulations and are considered more likely than others
to have a significant adverse impact shall be considered Type I actions.
However, the need for a complete environmental impact statement (EIS)
shall be determined by the permitting board on a case-by-case basis
in accordance with the significance of the potential adverse environmental
impact.
D. Solar as an accessory use/structure. This section governs the placement
and installation of small-scale solar systems as defined herein. The
installation of small-scale solar systems does require the applicant
to obtain a building permit from the Town of Chautauqua.
(1)
Roof-mounted systems. Roof-mounted systems are permitted as
an accessory use in all zoning districts when attached to a lawfully-permitted
principal structure and/or accessory structure, subject to the following
requirements:
(a)
Height. Solar energy systems shall not exceed maximum height
restrictions within any zoning district and are provided the same
height exemptions granted to building-mounted mechanical devices and
equipment.
(b)
Setback. Solar energy systems are subject to the setback requirements
of the underlying zoning district.
(c)
Aesthetics. Solar energy equipment shall incorporate the following
design requirements:
[1] Solar energy equipment shall be installed outside
the primary residence or accessory structure and as close to a public
utility electrical meter as possible.
[2] Roof-mounted panels facing the front yard must
be mounted at the same angle as the roof's surface with a maximum
distance of 18 inches between the roof and highest edge of the system.
[3] Access and Pathways (NFPA Section 324.7). Roof
access, pathways, and spacing requirements for solar photovoltaic
systems shall be provided in accordance with NFPA Sections R324.7.1
through R324.7.6.
[a] Exceptions:
[i] Roof access, pathways and spacing requirements
need not be provided where an alternative ventilation method has been
provided, or where vertical ventilation techniques will not be employed.
[ii] Detached garages and accessory units.
[4] Size of solar photovoltaic array (324.7.1). Each
photovoltaic array shall not exceed 150 feet in any direction. (45,720
mm).
[5] Roof access points (324.1.2). Roof access points
shall be located:
[a] In areas that establish access pathways which are
independent of each other and as remote from each other as practicable
so as to provide escape routes from all points along the roof.
[b] In areas that do not require the placement of ground
ladders over openings such as windows or doors or areas that may cause
congestion or create other hazards.
[c] At strong points of building construction, such
as corners, pilasters, hips, and valleys and other areas capable of
supporting the live load from emergency responders.
[d] Where the roof access point does not conflict with
overhead obstructions such as tree limbs, wires, or signs.
[e] Where the roof access point does not conflict with
ground obstructions such as decks, fences, or landscaping.
[f] In areas that minimize roof tripping hazards such
as vents, skylights, satellite dishes, antennas, or conduit runs.
[6] Ground access areas (324.7.3). Ground access areas
shall be located directly beneath access roofs and roof access points.
The minimum width of the ground access area shall be the full width
of the access roof or roof access point, measured at the eave. The
minimum depth shall allow for the safe placement of ground ladders
for gaining entry to the access roof.
[7] Single-ridge roofs (324.7.4). Panels, modules,
or arrays installed on roofs with a single ridge shall be located
in a manner that provides two thirty-six-inch-wide (914mm) access
pathways extending from the roof access point to the ridge. Access
pathways on opposing roof slopes shall not be located along the same
plane as truss, rafter, or other such framing system that supports
the pathway.
[a] Exceptions:
[i] Roofs with slopes of two units vertical in 12 units
horizontal (16.6%) and less.
[ii] Structures where an access roof fronts a street,
driveway or other area readily accessible to emergency responders.
[iii] One access pathway shall be required when a roof
slope containing panels, modules or arrays is located not more than
24 inches (610 mm) vertically from an adjoining roof which contains
an access roof.
[8] Hip roofs (324.7.5). Panels, modules and arrays
installed on dwellings with hip roofs shall be located in a manner
that provides a clear access pathway not less than 36 inches (914mm),
extending from the roof access point to the ridge or peak, on each
roof slope where panels, modules or arrays are located.
[a] Exceptions:
[i] Roofs with slopes of two units vertical in 12 units
horizontal (16.6%) or less.
[ii] Structures where an access roof fronts a street,
driveway or other area readily accessible to emergency responders.
[9] Roofs with valleys (324.7.6). Panels and modules
shall not be located less than 18 inches (457 mm) from a valley.
[a] Exceptions:
[i] Roofs with slopes of two units vertical in 12 units
horizontal (16.6%) or less.
[10] Allowance for smoke ventilation operations (324.7.7).
Panels and modules shall not be located less than 18 inches (457 mm)
from a ridge or peak.
[a] Exceptions:
[i] Where an alternative ventilation method has been
provided or where vertical ventilation methods will not be employed
between the uppermost portion of the solar photovoltaic system and
the roof ridge or peak.
[ii] Detached garages and accessory structures.
(d)
Notification to the Fire Service. Notification in writing to
the Fire Department having operational authority at the location where
the system will be installed shall be made no later than 10 days following
installation:
[1] Notification shall include a site map showing the
location of the solar energy electrical panel, as well as the proper
operation of the disconnect switch(s) in the event of a fire or other
emergency situation where the homeowner, tenant or other personnel
is not available or familiar with the safe shutdown operation of unit
so as to have the ability to cut power from the solar panels.
[2] In addition, a proper written statement showing
the method of shutdown shall be posted inside the main electrical
panel of the unit which can be readily accessible for and to firefighting
personnel.
(2)
Ground-mounted systems.
(a)
Ground-mounted solar energy systems are permitted as an accessory
structure in all zoning districts, subject to the requirements set
forth in this section.
(b)
All ground-mounted solar panels in residential districts shall
be installed in the rear yard. If a side yard installation is applied
for, it shall be subject to all setback requirements of the underlying
zoning district, and such an application for side yard shall require
site plan review by the Town of Chautauqua Zoning Board of Appeals.
(c)
Setback(s). Ground-mounted solar panels are subject to setback
requirements of the underlying zoning district.
(d)
Height. Solar panels are restricted to a height of 15 feet when
located with a minimum setback distance of 10 feet from a lot line;
a height of 20 feet when located with a minimum setback distance of
15 feet from a lot line; and maximum height of 25 feet when located
with a setback distance of 25 feet or greater. All height measurements
are to be calculated when the solar energy system is oriented at maximum
tilt.
(e)
Lot coverage. The surface area of ground-mounted solar panels
shall be included in lot coverage and impervious surface calculations
and shall not exceed 30% of the lot size.
(f)
Other:
[1] Any application for installation and placement
of small-scale solar energy system under this section in a side yard
location shall require an application containing a site plan showing
the location of all solar energy system components, their location
on the premises, their location on the premises in relation to the
property line and any and all structures on the premises, and the
nearest structure located on the premises adjacent thereto.
[2] The site plan for such installation shall be reviewed
by the Zoning Board of Appeals and shall be approved by a majority
thereof.
E. Solar as principal use.
(1)
Large-scale solar systems are permitted by the issuance of a
special use permit by the Town Board within the Residential-Agricultural
(R-A) District, subject to the requirements set forth in this section.
(a)
Every application for a large-scale system within the Town of
Chautauqua shall be made to the Town Board and shall be approved by
a majority vote thereof.
(b)
Prior to Town Board review of the application it may refer said
application to the Zoning Board of Appeals for site plan review, report
and recommendation for approval or disapproval.
(c)
The Town Board shall hold a public hearing upon 10 days'
notice duly posted and published in the official newspaper of the
Town and on the Town bulletin board, before granting the special use
permit.
(2)
Special use permit application requirements. Every application
for a special use permit under this section shall contain the following
information:
(a)
Verification of utility notification. Foreseeable infrastructure
upgrades shall be documented and submitted. Off-grid systems are exempt
from this requirement.
(b)
Name, address, and contact information of the applicant, property
owner(s) and agent submitting the proposed project application.
(c)
If the property of the proposed project is to be leased, legal
consent among all parties, specifying the use(s) of the land for the
duration of the project, including easements and other agreements.
(d)
Blueprints showing the layout of the proposed system signed
by a professional engineer or registered architect.
(e)
Equipment specification sheets for all photovoltaic panels,
significant components, mounting systems and invertors that are to
be installed.
(f)
A property operation and maintenance plan describing continuing
photovoltaic maintenance and property upkeep, such as mowing, trimming,
etc.
(g)
Decommissioning plan:
[1] To ensure the proper removal of large-scale systems,
the decommissioning plan shall include details regarding the removal
of all infrastructures and the remediation of soil and vegetation
back to its original state prior to construction, unless otherwise
permitted. A cost estimate detailing the projected cost of executing
the decommissioning plan shall be prepared by a professional engineer
or contractor. Cost estimates shall take inflation into account. In
the case of a lease, the cost of decommissioning shall be borne by
the entity or corporation that is leasing the property in question
and not the landowner.
[2] A form of surety, through escrow, bond or the equivalency
of, shall be established prior to the commencement of construction
to cover the cost of decommissioning the site. The amount of surety
required may not exceed 125% of the estimated cost to decommission.
(3)
Special use permit standards.
(a)
Setback(s): All large-scale solar energy systems shall be set
back a minimum of 100 feet from any property line and a minimum of
300 feet from any residential building, school, place of public worship,
or designated historic district or landmark. If the applicant controls
multiple, contiguous parcels, only the exterior boundary of the aggregated
parcels shall be considered the property line for purposes of determining
setbacks.
(b)
All large-scale solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs shall be placed on the
entrance and perimeter of the fencing. The height and type of fencing
shall be determined by the special use permit process.
(c)
On-site electrical interconnection lines and distribution lines
shall be placed underground, unless otherwise required by the utility.
(d)
The removal of existing vegetation shall be limited to the extent
necessary for the construction and maintenance of the solar installation.
(4)
Ownership changes. If the owner of the solar energy system changes
or the owner of the property changes, the special use permit shall
remain in effect, provided that the successor owner or operator assumes
in writing all of the obligations of the special use permit, site
plan approval, and decommissioning plan. A new owner or operator of
the solar energy system shall notify the Code Enforcement Officer
of such change in ownership or operator within 30 days of the ownership
change. A new owner or operator must provide such notification to
the Code Enforcement Officer in writing. The special use permit and
all other local approvals for the solar energy system would be void
if a new owner or operator fails to provide written notification to
the Code Enforcement Officer in the required time frame. Reinstatement
of a void special use permit will be subject to the same review and
approval processes for new applications.
F. Solar storage batteries.
(1)
If solar storage batteries are included as part of the solar
energy collection system, they must be placed in a secure container
or enclosure meeting the requirements of the New York State Building
Code. All solar storage batteries, their maintenance, placement, and
location shall also comply with all applicable rules and regulations
as promulgated by New York State Building Code and the National Electric
Code.
(2)
When batteries are no longer in use, they shall be disposed
of in accordance with the laws of the State of New York and any applicable
federal or local disposal rules or regulations.
G. Waiver relief. The Town Board recognizes that no regulation can anticipate
every creative plan that may be devised, which, though not in strict
compliance with the provisions of this section, nevertheless, is not
objectionable. Accordingly, the Town Board is hereby empowered to
grant relief to an applicant from the strict application of this section
where the applicant provides sufficient grounds for a finding that
the proposal comports as much as feasible with the spirit and letter
of this section and, though not in strict compliance therewith, remains
aesthetically pleasing, protects neighboring properties, and preserves
property values within the Town of Chautauqua.
H. Reimbursement of fees and expenses.
(1)
An applicant shall reimburse the Town for any fee or expense
incurred in hiring subject matter experts and attorneys to review
whether a solar energy system proposed for siting pursuant to Article
10 of the New York Public Service Law or § 94-c of the Executive
Law complies with the substantive provision of this section.
(2)
The applicable fees for any review or permit required by this
section shall be set from time to time by resolution of the Town Board.
(3)
An applicant for either state or local siting approval shall
deliver to the Town Board, along with its application, if local approval
is sought, or 180 days prior to the filing of an Article 10 or § 94-c
application, if applicable, an amount equal to 1% of the estimated
cost of the project (the "initial deposit"). This sum shall be held
by the Town in a non-interest-bearing account and shall be available
to the Town to pay consultants and attorneys engaged by the Town to
assist in its review of and preparation for an Article 10 or § 94-c
application. Should the Town be awarded intervenor funds, it shall
switch to and deplete those funds before making further use of the
initial deposit. Following the approval or denial of the state or
local application, the Town shall return to the applicant any excess
funds remaining in escrow. If the escrow account has been depleted
prior to approval or denial of the application, the applicant shall
deposit such funds necessary for the Town to pay any outstanding consulting
fees.
I. Violations.
(1)
Any violation of any provisions of this section shall be punishable
by penalty or a term of imprisonment as prescribed in § 268
of the Town Law of the State of New York.
(2)
Notwithstanding the above, the Town Board of the Town of Chautauqua
hereby reserves the right to proceed to enforce the provisions of
this section by civil action, injunction, and any other remedy afforded
to it by the laws of the State of New York or the United States.
[Amended 5-13-1996 by L.L. No. 1-1996]
A. Clear vision shall be maintained in the triangular
area of a corner lot formed by intersecting street lines and a line
connecting them at points 40 feet distant from their intersection.
In such area, no tree, shrub or other planting shall be placed or
permitted to remain, and no structure shall hereafter be permitted
which obstructs sight lines at elevations between two and 10 feet
above the street grade.
B. No wall, fence or natural barrier such as a hedge or other continuous planting exceeding 52 inches shall be constructed, installed or planted within three feet of a front or side boundary line. Also see §
143-58.1.
[Amended 8-11-1997 by L.L. No. 4-1997; 6-8-2015 by L.L. No. 1-2015]
If a street right-of-way has been established
in anticipation of future street widening, such new street right-of-way
shall be used in determining front yard depth or side yard width,
as the case may be.
[Amended 7-14-1986 by L.L. No. 2-1986; 5-8-1995 by L.L. No. 2-1995]
Except for lots bounded by Lake Chautauqua,
no building or structure, regardless of principal or accessory use,
shall:
A. Be placed in any required side yard or front yard.
B. Be placed in any required rear yard, except that an
accessory structure may be placed in such required rear yard, provided
that it does not occupy more than 25% of the area thereof, and provided,
further, that no part of such accessory structure is closer than 10
feet to any dwelling unless attached thereto and considered part thereof
for purpose of yard measurement.
C. Be placed within eight feet of the edge of any navigable
creek bed. The edge of the navigable creek bed shall be determined
when the creek is at its mean high-water mark.
[Added 5-8-1995 by L.L. No. 2-1995; amended 7-9-2012 by L.L. No. 1-2012]
D. In any event be placed within eight feet of any side
or rear boundary line of a lot located in a R, R-L, R-A or R-R District.
[Amended 6-22-1987 by L.L. No. 3-1987]
[Amended 12-12-1983 by L.L. No. 3-1983]
If, on one side of a street within a given block
(or within 500 feet on each side for rural roads for which the concept
of a block cannot be practically applied), there are existing buildings
at the time of passage of this chapter, then the depth of the required
front yard will be the average depth of the front yards of the above
buildings as measured from the front lot line to the main front wall
of these same buildings and as determined by the Code Enforcement
Officer or his designee; provided, however, that no front yard shall
be required of more than 60 feet in depth.
[Amended 8-11-1997 by L.L. No. 4-1997]
The following structures shall be allowed within
required yards:
A. Balconies, bay windows, chimneys and roof projections,
not exceeding three feet.
B. Unenclosed porches projecting into any required side
or rear yard not more than 1/4 the required width or depth of such
yards.
C. An unenclosed step not extending above the floor level
of the first story.
[Added 8-11-1997 by L.L. No. 4-1997]
Fences and walls are defined in §
143-3. Fences, unless specifically exempted, shall require permits in all districts and conform to the regulations which follow:
A. Exempt fencing. A farm fence shall be exempt from
all regulations. Additionally, nonboundary fencing not to exceed seven
feet in height located more than 25 feet from any property line shall
also be exempt.
B. Permits. Fences shall be allowed up to 52 inches in
height by right. Fences above 52 inches in height shall require a
variance where consideration shall be given to visibility from adjacent
properties, light and air movement, etc.
[Amended 6-8-2015 by L.L.
No. 1-2015]
C. Setback from road. Fences shall be set back a minimum
of 10 feet from the edge of the road (street) and shall not be located
within the legal highway right-of-way.
D. No fence exceeding 52 inches in height shall be constructed,
installed or planted within three feet of a front, side, or rear boundary
line.
[Amended 6-8-2015 by L.L.
No. 1-2015]
E. Finished sides. The finished sides of all fences must
face adjacent properties.
F. Materials. Only durable materials generally used and
accepted by the industry shall be used for fences. No fence shall
be newly erected using barbed wire except farm fences.
G. Maintenance. All fences shall be maintained structurally
and visually.
H. Fire hazard. Any fence considered to be flammable
as defined in the New York State Uniform Fire Prevention and Building
Code shall be prohibited.
I. Nonconforming fences. Fences erected and in place
on August 15, 1997, may remain where located and at their present
height, but may not be replaced.
Nothing to the contrary herein provided, the
following requirements and regulations shall pertain to lots bounded
by Chautauqua Lake:
A. Conditions governing placement of buildings on lots
bounded by Lake Chautauqua.
[Added 12-12-1988 by L.L. No. 3-1988]
(1) On a lot bounded by Chautauqua Lake, no building,
other than a boathouse, shall be placed within 40 feet of the shoreline
of said lake.
[Amended 5-8-1995 by L.L. No. 2-1995]
(2) Boathouses and docks.
[Added 5-8-1995 by L.L. No. 2-1995]
(a)
Any owner of noncommercial waterfront real property
may locate thereon one boathouse which cannot exceed a height of 16
feet and one dock.
(b)
Any boathouse constructed or altered shall maintain a minimum
setback of 10 feet from adjacent property lines as projected in a
straight line from the mean high-water mark to the nearest point of
change in direction of said line of more than two degrees, plus or
minus, in each such adjacent property line.
[Amended 7-9-2012 by L.L. No. 1-2012]
(3) The front yard of a lot bounded by Chautauqua Lake
shall be the unoccupied ground area fully open to the sky, except
as otherwise permitted, between the shoreline of said lake and a line
drawn parallel thereto.
(4) The rear yard of a lot bounded by Chautauqua Lake
shall be the unoccupied ground area fully open to the sky, except
as otherwise permitted, between the street line and a line drawn parallel
thereto and at a distance of 30 feet therefrom. In all cases, when
the street line cannot be established, 1/2 of the width of the street
or road shall be added to the rear yard requirement, and the rear
yard shall be measured from the center of the street or road.
(5) The first floor of any dwelling or building or any
life support facilities or space, including any wood support thereof,
shall be placed at an elevation not less than 1,311.6 feet above sea
level according to the United States Geological Survey data for the
area or elevation benchmarks placed in the area and shown on maps
in the office of the Chautauqua County Department of Planning in the
County Office Building at Mayville, New York.
B. Regulation of access to the use of lakefront lots
in Residential (R), Residential-Lakefront (R-L), Planned Unit Development
(PUD), Residential-Recreation (R-R), Residential-Agricultural (R-A)
and Business (B) Districts.
[Added 12-12-1988 by L.L. No. 3-1988; amended 10-9-1989 by L.L. No. 1-1989]
(1) In the case of a lakefront lot on Chautauqua Lake in any of the districts enumerated in Subsection
B above in which it is intended to grant or permit access to such lot by deed, easement, contract or otherwise for the use of the waterfront for swimming, sunbathing, boating and/or any other recreational purposes by any person, corporation, association or other entity not having separate and distinct ownership of a lakefront lot, no such access to the lakefront shall be permitted unless the lakefront lot to which access is to be granted has a minimum area of 10,000 square feet and is entirely free of any building or structure suitable for overnight habitation and subject to all of the requirements hereinafter set out.
(2) Where access to the lakefront is to be granted to
four or more lots, parcels or dwellings, not being lakefront lots,
parcels or dwellings, 2,500 square feet of the property fronting on
the lake shall be required for each property, lot, dwelling or housing
unit granted any form of access thereto. The lakefront lot shall have
a minimum width at the lake of least 75 feet for the first four access
grants or privileges. If more than four access grants or privileges
are involved, there must be an additional 15 feet of width at the
lakefront for each additional property, lot, dwelling or housing unit
granted access in excess of four. If more than five access grants
or privileges are involved, there must be an additional 15 feet of
width at the lakefront for each additional property, lot, dwelling
or housing unit granted access.
(3) Lots intended to serve as waterfront access as described in Subsection
B above shall also meet the following requirements:
(a)
If the waterfront access lot is intended for
both swimming and boating, a separate portion of the waterfront lot
shall be designated for swimming and a separate portion for boating.
(b)
Vegetative screening shall be provided between
waterfront access lots and adjoining waterfront residential lots.
(c)
Authority to use a waterfront lot in accordance with this Subsection
B shall be subject to the procedures for obtaining a special use permit pursuant to Article
XII of this chapter, and the application shall provide such pertinent information as the Board of Appeals or the Town Board determines to be necessary.
(4) All shoreline widths shall be measured, for §
143-59B purposes only, as follows: Shoreline frontages are measured along the lakefront as it winds and turns naturally at the mean high-water mark, connecting the shorefront ends of the side lot lines.
[Amended 9-22-2005 by L.L. No. 3-2005]
(5) In granting a special use permit, the Town Board may
make its approval contingent upon the applicant meeting specific requirements
set forth by the Town Board which the Board finds are necessary for
the health, safety and welfare of the Town's residents or visitors
and in keeping with the overall comprehensive planning for the Town,
as well as aesthetic considerations. If the waterfront access lot
has a preexisting dwelling in good livable condition, the Town Board
may not require the removal of the dwelling but may consider under
what additional conditions it would approve the issuance of a special
use permit; provided, however, that the dwelling is a single-family
unit and shall be counted as one of the grants.
(6) The provisions of this Subsection
B shall be applied to any land transaction which is recorded subsequent to the effective date of this subsection and shall also be applied to any application for a building permit or certificate of zoning compliance made after the effective date of this subsection, whether or not the land transaction granting or affording such rights was recorded prior to the effective date of this subsection.
[Added 5-13-2013 by L.L. No. 1-2013]
A. Purpose. The purpose of this supplemental section is to establish
minimum stormwater management requirements and controls to protect
and safeguard the general health, safety, and welfare of the public
residing within the Town. This supplemental section seeks to meet
those purposes by achieving the following objectives:
(1)
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-0-10-001, or as amended or revised.
(2)
Minimize increases in the magnitude, rate, and frequency of
stormwater runoff between predevelopment and post-development conditions
from land use activities so as to prevent an increase in flooding,
siltation and streambank erosion.
(3)
Prevent accelerated soil erosion and sedimentation so as to
avoid its deposit in streams and other receiving water bodies.
(4)
Reduce detrimental impacts of stormwater flows on adjacent properties
and downstream communities.
(5)
Minimize the accumulation, and facilitate the removal of pollutants
in stormwater runoff so as to perpetuate the natural biological and
recreational functions of streams, water bodies, and wetlands.
(6)
Reduce the need for costly maintenance and repairs to roads,
embankments, ditches, streams, lakes, ponds, wetlands, and stormwater
control facilities resulting from inadequate control of soil erosion
and stormwater runoff.
(7)
Assure soil erosion control and stormwater runoff control systems
are incorporated into site planning at an early stage.
B. Applicability.
(1)
This supplemental section applies to all land development activities and/or redevelopment activities that exceed any one of the thresholds below, unless exempt pursuant to Subsection
C below. No person may undertake a land development activity without first meeting the requirements of this supplemental section.
(2)
This supplemental section defines three levels of applicability.
Depending on the area of disturbance and other criteria listed below,
land development activities will require either:
(a)
A full SWPPP (stormwater pollution prevention plan) with both
erosion and sediment control and post-construction water quality and
quantity controls;
(b)
A basic SWPPP with erosion and sediment control; or
(c)
A simple SWPPP, with a generic small site erosion and sediment
control plan.
(3)
Any of the following activities require a full SWPPP, with erosion
and sediment control and post-construction water quality and quantity
controls, completed in accordance with the substantive requirements
of the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities GP-0-10-001, or as amended or revised:
(a)
Any land development activity with an area of disturbance greater
than or equal to one acre that is listed in the New York State Department
of Environmental Conservation State Pollutant Discharge Elimination
System (SPDES) General Permit for Construction Activities GP-0-10-001,
Appendix B, Table 2.
(b)
Any single-family home or single-family residential subdivision,
with an area of disturbance greater than or equal to one acre, that
will directly discharge into Chautauqua Lake.
(4)
Any of the following activities require a basic SWPPP, with
erosion and sediment controls, completed in accordance with the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-0-10-001 or as amended or revised,
unless already subject to a full SWPPP as described above:
(a)
Any land development activity with an area of disturbance greater
than or equal to one acre that is listed in the New York State Department
of Environmental Conservation State Pollutant Discharge Elimination
System (SPDES) General Permit for Construction Activities GP-0-10-001,
Appendix B, Table 1.
(b)
The construction of a single-family home not directly discharging
into Chautauqua Lake that involves an area of disturbance greater
than or equal to one acre of land, but less than five acres.
(c)
The construction of a single-family residential subdivision
with 25% or less of impervious surface cover at total site build-out
and not directly discharging into Chautauqua Lake that involves an
area of disturbance greater than or equal to one acre of land, but
less than five acres.
(d)
Construction of a barn or other agricultural building, silo,
stock yard or pen that involves an area of disturbance greater than
or equal to one acre of land, but less than five acres.
(5)
Any of the following activities require a simple SWPPP, unless
already subject to a basic or full SWPPP as described above:
(a)
Any land development activity or redevelopment activity with
an area of disturbance greater than or equal to 2,500 square feet
but less than one acre.
(b)
Any land development activity that involves the excavation or
filling, resulting in the movement of 250 cubic yards or more of soil
or similar material.
(c)
Any land development activity, regardless of size, that the
Town Code Enforcement Officer determines likely to cause an adverse
impact, according to criteria of slope, soil erodibility, proximity
to a sensitive area, or proximity to a stormwater structure or facility.
C. Exemptions. The following activities are exempt in part or in whole
from review under this supplemental section:
(1)
Silvicultural activities as defined, except that landing areas
and log haul roads are subject to this law.
(2)
Agricultural activity as defined.
(3)
Routine maintenance activities that disturb less than one acre
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(4)
Repairs to any stormwater management practice or facility deemed
necessary by the Code Enforcement Officer.
(5)
Subdivision plats approved by the Town before the effective
date of this law, except individual building permits applied for on
or after the effective date of this law are subject to this law.
(6)
Land development activities for which a building permit has
been approved before the effective date of this law, although the
provisions of this law may be applied to permit renewals, or substantial
modifications to the original proposal if occurring on or after the
effective date of this law.
(8)
Installation of fence, sign, telephone, and electric poles and
other kinds of posts or poles.
(9)
Emergency activity immediately necessary to protect life, property
or natural resources.
(10)
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
(11)
Landscaping and horticultural activities in connection with
an existing structure creating less than 2,500 square feet of land
disturbance in total.
D. Stormwater pollution prevention plans (SWPPP).
(1)
SWPPP submittal requirements. Any land development activity and/or redevelopment activity that exceeds the thresholds listed in Subsection
B of this section, and are not exempt pursuant to Subsection
C of this section, shall complete and submit a SWPPP as follows:
(a)
Simple SWPPP.
[1] Any land development or redevelopment activity required to complete a Type I or II Simple SWPPP must complete the Simple SWPPP in accordance with the requirements of Subsection
D(3) and Subsection
E of this supplemental regulation. Informational requirements that are not relevant or necessary to meet the erosion and stormwater objectives of this supplemental section may be waived by the reviewing board or official.
[2] Once completed, the Type I or II Simple SWPP shall
be submitted to the reviewing board as part of an application, and/or
the Code Enforcement Officer, as part of an application for a building
or zoning permit.
(b)
Basic SWPPP.
[1] Any land development or redevelopment activity
required to complete a Basic SWPPP must comply with the substantive
requirements of the New York State Department of Environmental Conservation
(DEC) State Pollutant Discharge Elimination System (SPDES) General
Permit for Construction Activities GP-0-10-001 or as amended or revised.
Such activities will be required to undertake and complete all required
submittals to the DEC.
[2] Copies of the final SWPPP and notice of intent (NOI), submitted to the DEC, and completed in accordance with the technical standards referenced in Parts III.B.1, 2 or 3 of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001 or as amended or revised, and contained in part in Subsection
D of this supplemental section, shall be submitted to the reviewing board as part of an application, and/or the Code Enforcement Officer, as part of an application for a building or zoning permit.
(c)
Full SWPPP.
[1] Any land development or redevelopment activity
required to complete a Full SWPPP must comply with the substantive
requirements of the New York State Department of Environmental Conservation
(DEC) State Pollutant Discharge Elimination System (SPDES) General
Permit for Construction Activities GP-0-10-001 or as amended or revised.
Such activities will be required to undertake and complete all required
submittals to the DEC.
[2] Copies of the final SWPPP and notice of intent; submitted to the DEC; and completed in accordance with the technical standards referenced in Parts III.8.1,2 or 3 of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001or as amended or revised, and contained in part in Subsection
D of this supplemental section, shall be submitted to the reviewing board as part of an application, and/or the Code Enforcement Officer, as part of an application for a building or zoning permit.
(2)
Type and content of a simple SWPPP:
(a)
Type I simple SWPPP. A Type I Simple SWPPP shall be required
for land development activities not requiring a full or basic SWPPP,
creating cumulative areas of disturbance totaling between 2,500 and
10,000 square feet, and not exceeding the following thresholds:
[1] Located within 1,000 feet of the shoreline of Chautauqua
Lake or 200 feet of a wetland, streambank or watercourse;
[2] Within a 100-year flood hazard area as defined
by the Federal Emergency Management Agency (FEMA) and shown on the
most current Flood Insurance Rate Maps (FIRM);
[3] Creates a use with impervious surfaces that cumulatively
are greater than 15% of the total lot area; or
[4] Contain slopes in excess of 15% within the area
of land disturbance.
(b)
Type I simple SWPPP content requirements:
[1] Contact information, including owner and developer's
name, address, project address, phone numbers, and Tax Parcel number.
[2] A brief description of the project, including a
sketch, which may be combined with other drawings required for a building
permit, specifically showing existing drainage features and vegetation
on the site.
[3] The ground area in square feet or acres that will
be disturbed for each phase and for all phases of the project. The
areas to be measured include but are not limited to: driveways, parking
areas, buildings, septic systems, wells, grading and clearing, lawns,
ditches, drainage structures, utilities, stockpiles, etc., including
the total project area of disturbance, total parcel acreage, area
of existing impervious surface, total area of impervious surface expected
at completion, and total connected impervious area.
[4] A description of the distance(s) from the areas
of ground disturbance on any part of the site to the edge of any stream,
pond, lake, or wetland on or in the vicinity of the site.
[5] A generalized plan describing the erosion control
measures to be used to minimize the impacts of the land development
activity appropriate for the site, based upon the guidelines in the
DEC Erosion Control Manual. Measures may include:
[a] Stabilized construction entrance;
[b] Stabilization of exposed soil;
[c] Protection of adjacent properties, waterways, and
natural areas;
[d] Management of concentrated flow areas; and
[e] Maintenance during construction.
[6] Any additional details requested by the CEO.
(c)
Type II simple SWPPP. Type II simple SWPPP shall be required
for land development activities not requiring a full or basic SWPPP,
creating cumulative areas of disturbance totaling greater than 10,000
square feet and less than 43,560 square feet, and not exceeding the
following thresholds:
[1] Located within 1,000 feet of the shoreline of Chautauqua
Lake or 200 feet of a wetland, streambank or watercourse;
[2] Within a 100-year flood hazard area as defined
by the Federal Emergency Management Agency (FEMA) and shown on the
most current Flood Insurance Rate Maps (FIRM);
[3] Creates a use with impervious surfaces that cumulatively
are greater than 15% of the total lot area; or
[4] Contain slopes in excess of 15% within the area
of land disturbance.
(d)
Type II simple SWPPP content requirements:
[1] A narrative describing:
[a]
The proposed development.
[b]
The schedule for grading and construction activities, including:
[i] Start and completion dates.
[ii] Sequence of grading and construction activities.
[iii] Sequence for installation and/or application
of soil erosion, sediment control and stormwater management measures.
[iv] Sequence for final stabilization and stormwater
management on the project site.
[c] The design criteria for proposed soil erosion and
stormwater control measures and stormwater management facilities,
and computations necessary to demonstrate compliance with these criteria.
[d] The construction details for proposed soil erosion
and sediment control measures and stormwater management facilities.
[e] The installation and/or application procedures
for proposed soil erosion and sediment control measures and stormwater
management facilities.
[f] The operation and maintenance of proposed soil
erosion and sediment control measures and stormwater management facilities.
[g] A statement describing all design measures taken
to minimize grading and disturbance to land and vegetation.
[2] A site plan, or subdivision plan, prepared in accordance
with applicable requirements of this supplemental section or the Subdivision
Law which shall include the following additional information:
[a] The proposed alterations including cleared, excavated,
filled or graded areas and proposed structures, utilities, roads and,
if applicable, new property lines.
[b] The location of and design details for all proposed
soil erosion and sediment control measures and stormwater management
facilities.
[c] The sequence of grading and construction activities.
[d] The sequence for installation and/or application
of soil erosion, sediment control and stormwater management measures.
[e] The sequence for stabilization of the development
site.
(3)
Contents of a full or basic SWPPP. Any land development activity
and/or redevelopment activity that exceeds the thresholds listed in
the New York State Department of Environmental Conservation (DEC)
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-0-10-001 or as amended or revised,
shall complete a SWPPP in accordance all requirements of said permit.
E. Performance and design criteria for stormwater management and erosion and sediment control. All land development activities or redevelopment activities required to complete a full, basic or simple SWPPP by Subsection
B of this supplemental section are subject to the following performance and design criteria:
(1)
Technical standards. For the purpose of this supplemental section,
the following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards of this supplemental section:
(a)
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the Design Manual).
(b)
New York Standards and Specifications for Erosion and Sediment
Control, (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
(2)
Equivalence to technical standards.
(a)
Where stormwater management practices are not in accordance with technical standards, the applicant must demonstrate equivalence to the technical standards set forth in Subsection
E(1) for a basic or a full SWPPP. The basic SWPPP developed must be prepared and certified by a licensed or certified professional and the full SWPPP must be prepared by a licensed engineer.
(b)
Where stormwater management practices contained within a simple
SWPPP are not in accordance with technical standards, the applicant
may use alternative principles, methods and procedures with prior
approval of the reviewing board, based upon a favorable recommendation
from the Chautauqua County Soil and Water Conservation District.
(3)
Water quality standards.
(a)
Any land development activity shall not cause or contribute
to a violation of water quality standards in surface waters of the
State of New York. The standards are contained in Parts 700 through
705 of Title 6 of the Official Compilation of Codes, Rules and Regulations
of the State of New York.
(b)
These standards apply whether or not a project is subject to
this supplemental section, and whether or not a project meets the
requirements of this supplemental section. These standards are enforceable
by the DEC under the Environmental Conservation Law.
F. SWPPP review.
(1)
The CEO shall accept and review all stormwater pollution prevention
plans for completeness and compliance with this supplemental section
and, when required, forward such plans to the applicable board. The
CEO may, if necessary, subject to budget restrictions and Town Board
approval, engage the services of the Chautauqua County Soil and Water
Conservation District representative, a registered professional engineer
or certified professional to review the plans, specifications and
related documents submitted in connection with any SWPPP.
(2)
All land development activities subject to review and approval
by the Town Board, Zoning Board of Appeals or Board of Appeals of
the Town under site plan, special permit, or subdivision regulations
reviewed by such Board must be reviewed subject to the standards contained
in this supplemental section. No approval by any such Board shall
be made unless it determines that the SWPPP complies with the requirements
of this supplemental section.
(3)
All land development activities subject to review under this supplemental section, but not subject to review under Subsection
F(2) above, require a stormwater pollution prevention plan (SWPPP) to be submitted to the CEO who shall determine completeness of the SWPPP and compliance with this supplemental section before issuing any required permits.
(4)
No land development activity which requires a full, basic or simple SWPPP in accordance with Subsection
B, unless exempt pursuant to Subsection
C above, above shall be commenced until the Code Enforcement Officer (CEO) has either an approved a Simple SWPPP from the appropriate review board or has received a copy of the final SWPPP and NOI submitted to the DEC and all local reviews have occurred.
G. Implementation.
(1)
The estimated costs of measures required to control soil erosion
and sedimentation, as specified in the approved plan, may be covered
in a performance bond or other guaranty acceptable to the reviewing
board.
(2)
Site development shall not begin unless the soil erosion and
stormwater control plan is approved and those control measures and
facilities in the plan scheduled prior to site development are installed
and functional.
(3)
Planned soil erosion and stormwater control measures and facilities
shall be installed as scheduled according to the approved plan.
(4)
All erosion and stormwater control measures and facilities shall
be maintained in a condition which ensures compliance with the approved
plan and prevents sediment from leaving the site.
H. Inspection.
(1)
Erosion and sediment control inspection.
(a)
The CEO may require such inspections as necessary to determine
compliance with this law and may either approve that portion of the
work completed or notify the applicant wherein the work fails to comply
with the requirements of this section and the stormwater pollution
prevention plan (SWPPP) as approved. To obtain inspections, the applicant
must notify the CEO at least 48 hours before any of the activities
listed below, as required by the CEO, or the CEO may develop an inspection
schedule specific to an individual project including but not limited
to:
[2] Installation of sediment and erosion control measures.
[3] Completion of site clearing.
[4] Completion of rough grading.
[5] Completion of final grading.
[6] Close of the construction season.
[7] Completion of final landscaping.
[8] Successful establishment of landscaping in public
areas. Additionally, the Town may conduct inspections at any time.
(b)
If any violations are found, the applicant and developer shall
be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the CEO.
(2)
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner must grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection
H(1).
(3)
Recordkeeping. Persons subject to this law are required to maintain
records demonstrating compliance with this law. Such records must
be provided to the CEO upon request.
I. Fees for services. The Town may require any person undertaking land
development activities subject to this supplemental section to pay
the reasonable costs of persons hired by the Town to review SWPPPs,
perform inspections of stormwater management facilities and certify
the completion of the same through application fees and escrow deposits
required in connection with an application for a building or zoning
permit or for site plan or subdivision approval. The Town Board may
by resolution establish a fee schedule SWPPP review and stormwater
and erosion inspections.
J. Maintenance, inspection, and repair of stormwater facilities.
(1)
Maintenance and inspection during construction. The applicant
or developer of the land development activity or their representative
must at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which
are installed or used by the applicant or developer to achieve compliance
with the conditions of this supplemental section. Sediment must be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
(2)
Inspection, maintenance and easement agreement. Prior to the
issuance of any approval for a project that has the construction of
a stormwater management facility as one of the requirements, the applicant
or developer must execute an inspection, maintenance and easement
agreement that shall be binding on all subsequent landowners benefited
by the stormwater management facility. The agreement must provide
for Town access to the facility at all reasonable times for periodic
inspection, and possible maintenance by the Town (in the sole discretion
of the Town and expense of the owner) to ensure that the facility
is maintained in proper working condition and continues to meet design
standards and any other requirements of approval and this supplemental
section. The agreement must be recorded in the office of the County
Clerk, and noted on the subdivision plat (if applicable) after approval
by the counsel for the Town. The Town reserves the power to require
enforcement and charge-back of expense powers in the agreement, and
to assign all agreements to any future drainage district.
(3)
Dedication of stormwater management facilities maintenance agreement.
The Town, in lieu of the agreement required in above, in its sole
discretion, may accept dedication of any existing or future stormwater
management facility, provided such facility meets all the requirements
of this supplemental section and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance. Prior to accepting a dedicated facility, the
Town may require the formation of a drainage district to include all
parcels served by the facility, to pay the expenses of ongoing inspection,
maintenance, and, if necessary, modification of the facility.
K. Enforcement.
(1)
Stop-work orders. The CEO may issue a stop-work order for violations
of this law. Persons receiving a stop-work order are required to halt
all land development activities, except those activities that address
the violations leading to the stop-work order. The stop-work order
will be in effect until the CEO confirms that the land development
activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a stop-work order in a timely manner
may result in civil, criminal, or monetary penalties in accordance
with the enforcement measures authorized in this supplemental section.
(2)
Violations. Any land development activity that is commenced or is conducted contrary to this supplemental section, may be restrained by injunction or otherwise abated in the manner provided by Chapter
145, Enforcement Procedures, of the Town of Chautauqua Code and as otherwise provided by law.
Any nonconforming building completely destroyed
or partially destroyed by fire, flood or other catastrophe may be
restored or rebuilt within a period of two years from the date of
such destruction, and when so restored or rebuilt, the nonconforming
use that it had immediately prior to such destruction may be continued.
[Added 5-8-1985 by L.L. No. 2-1995]
A. A satellite television antenna one meter (39.37 inches)
in diameter or less may be located in any district within the Town
in the rear yard, side yard or on the roof of the structure located
on the lot without permit and without the payment of a fee.
[Amended 9-22-2005 by L.L. No. 3-2005]
B. Except as hereinafter provided, in any district within
the Town, a satellite television antenna over one meter (39.37 inches)
in diameter shall be located only in the rear yard of any lot. However,
if satellite signals cannot be clearly received from such rear yard,
the antenna may be located on the side yard.
[Amended 9-22-2005 by L.L. No. 3-2005]
C. In the event that satellite signals cannot be received
by locating the satellite television antenna on the rear or side yard
of the property, such antenna may be placed in the front yard or on
the roof of the structure, provided that a special satellite use permit
is obtained prior to such installation. Such permit shall be issued
only upon a showing by the applicant that satellite signals are not
receivable from any location on the property other than the location
selected by the applicant. No fee shall be assessed and no public
hearing shall be required for the issuance of any such permit.
D. Satellite antennas shall not exceed 12 feet in diameter,
and a ground-mounted satellite television antenna shall not exceed
20 feet in height, including any platform or structure upon which
said antenna is mounted or affixed.
E. If satellite signals cannot be obtained from a satellite television antenna installed with the height and size limitations set forth in Subsection
D, an antenna of a greater height or size may be installed, provided that a special satellite use permit is obtained prior to such installation. Such permit shall be issued upon a showing by the applicant that installation at a height greater that 20 feet is necessary for the reception of satellite signals. No fee shall be assessed and no public hearing shall be required for the issuance of such permit.
F. Satellite television antennas shall be located and
designed to reasonably reduce visual impact from surrounding properties
at street level, from public streets and from Lake Chautauqua.
G. With respect to lots bounded by Lake Chautauqua, no
satellite television antenna greater than 12 feet in diameter may
be mounted upon a building or structure so located nor may any satellite
television antenna be located at any point that is less than 60 feet
from the lakeshore as determined by an arc drawn from the proposed
location.
H. On lots bounded by Lake Chautauqua, if satellite signals cannot be obtained from a satellite television antenna installed with the limitations set forth in Subsection
G above, an antenna may be installed upon a building or structure or within 60 feet of the lakeshore, provided that a special satellite use permit is obtained prior to such installation. Such permit shall be issued only upon a showing by the applicant that installation either upon a building or structure or within 60 feet of the lakeshore is necessary for the reception of satellite signals. No fee shall be assessed and no public hearing shall be required for the issuance of such permit.
I. Satellite television antennas shall meet all manufacturer's
specifications, be of noncombustible and corrosive-resistant material,
be erected in a secure, wind-resistant manner and be adequately grounded
for protection against a direct strike of lightning.
J. No advertising, other than the manufacturer's labels,
shall be located on a satellite television antenna.
[Added 12-12-1988 by L.L. No. 3-1988; amended 10-9-1989 by L.L. No. 1-1989; 9-9-1991 by L.L. No. 1-1991]
A. A cottage court may be newly established and developed at a density as authorized in Article
IV only when developed on four or more acres in a district where cottage courts are authorized and upon the Town Board granting a special use permit. Any application to establish a cottage court on a plot or parcel of less than four acres shall by governed by all the provisions of this chapter applicable to establishing a number of one-family dwellings, each of which shall comply with the minimum area requirements, minimum size of dwelling and other conditions and requirements of this chapter applicable to a one-family dwelling. For the purposes of determining the setback from an adjoining parcel, buildings in a newly established cottage court shall only be required to meet setbacks required of other authorized uses and structures located in the Business District.
[Amended 5-8-1995 by L.L. No. 2-1995]
B. The conditions of Subsection
A shall apply to cottage courts containing four or more acres of land, regardless of when developed, if, after October 12, 1988, regardless of the size, Subsection
A shall not apply, and any proposed change shall be governed by the limitations and restrictions applicable to nonconforming uses and buildings, together with all applicable limitations and restrictions of the chapter, including Subsection
A above.
[Amended 11-8-1993 by L.L. No. 2-1993]
C. The area of the parcel or plot containing a cottage
court, regardless of when the cottage court was established, may not
be reduced in square footage by the sale, subdivision, parceling out
or leasing of any portion thereof for more than one season by the
owner of record of such parcel or plot so as to either:
(1) Cause the parcel or plot to be less conforming or the density greater than the parcel or plot was upon the effective date of Subsection
B if such parcel or plot came within the purview of Subsection
B above; or
(2) Cause a parcel or plot in compliance with Subsection
A above to be smaller than or of a greater density than provided in Subsection
A above with respect to cottage courts of less than four acres, or to become otherwise in noncompliance with any applicable provision of this chapter.
[Added 10-9-1989 by L.L. No. 1-1989]
Notwithstanding any provision that authorizes
a home occupation, such activity shall henceforth be permitted only
in those districts where authorized, provided that all of the following
standards and conditions are met:
A. To qualify as an eligible home occupation:
(1) The activity shall be carried on in the dwelling unit
or in a single structure normally accessory to a dwelling unit, but
not in both the dwelling and the accessory structure.
(2) The activity shall be incidental and secondary to
the use of the dwelling for residential purposes.
(3) The activity constituting the home occupation shall
be carried on wholly indoors, and no materials, equipment or anything
used in the occupation shall be stored outdoors on the property.
(4) Except for those cosmetic, health care and toiletry
products customarily marketed through home sales, no articles shall
be sold or offered for sale except such as have been produced on the
premises.
(5) The activity shall not involve any repetitive delivery
to or from the premises by truck or other vehicle, other than U.S.
Mail, United Parcel Service and other express mail vehicles, for delivery
or pickup of supplies, material or items used for or produced as the
home occupation.
(6) The activity shall not alter the character of the
neighborhood or create the comings and goings of persons to the premises
in significantly greater numbers than is characteristic of the neighborhood.
B. The maximum floor area of the dwelling or accessory
structure devoted to the home occupation shall be not more than 25%
with a maximum of 500 square feet.
C. There shall be no outside display of any nature of products, goods or services, but a sign as defined in §
143-64A may be permitted. There shall be no display or show window in the dwelling or accessory structure.
D. Sufficient off-street parking shall be provided to
handle peak periods.
E. The home occupation activity shall be carried on only
by members of the immediate family residing in the dwelling unit plus
not more than one additional employee.
F. No home occupation activity shall be commenced unless
and until a permit is applied for on forms provided by the Town Clerk
which provides satisfactory information that all of the terms and
conditions hereof are met and the applicant undertakes to abide by
the terms and conditions herein set out. The cost of the permit shall
be the same as a building permit.
[Added 10-9-1989 by L.L. No. 1-1989]
The size, type and location of any sign, advertising sign or business sign authorized in Articles
II through
IX shall be in accordance with or subject to the following additional regulations as applicable:
A. Signs on one-family and two-family dwellings. A nameplate
and identification sign indicating the name and address of the occupant
in any such dwelling may be affixed to the premises, provided that
such sign shall not exceed two square feet in area and shall not emit
any flashing or intermittent illumination.
B. Advertising signs shall not be permitted in any district
except a Residential-Agricultural (R-A) District.
C. No sign shall be erected or maintained which, in the
opinion of the Town Board, may cause hazardous or unsafe conditions.
Such signs, if erected, shall be removed upon direction of the Town
Board following notification to the owner.
D. No sign shall be located higher than the building
to which it is attached.
E. No sign other than an official traffic sign shall
be erected within the right-of-way of any public street.
F. No sign shall have a source of illumination directed
toward a public street or adjacent property.
G. Freestanding signs. Freestanding signs, when allowed,
shall be in accordance with the following:
(1) Height. A maximum of 18 feet from the ground to the
top of the sign shall be allowed.
(2) Setback. Freestanding signs shall be set back a minimum
of 10 feet from the street or road right-of-way.
H. Posters. Temporary, nonpermanent posters covering
such things as political events, sporting events, entertainment, shows
and elections shall not be displayed until six weeks prior to the
event and must be removed within one week after the event. A poster
shall not exceed 32 square feet in area. It shall be the responsibility
of the owner, lessee or occupant of the premises to comply with this
provision, and the permission of the owner shall be obtained prior
to the placement of the poster.
I. Temporary signs. A temporary sign offering the sale
or rental or indicating the construction, repair or improvement of
the premises may be affixed to the premises, provided that such sign
shall not exceed 64 square feet in area, shall not be illuminated
and shall be promptly removed by the property owner when the circumstances
leading to the erection or display of the sign no longer apply. Signs
for public works are exempt from this provision.
J. Signs shall be constructed of durable materials and
shall be maintained in good condition. Signs which are permitted to
deteriorate shall be removed upon direction of the Town Board, following
notification to the owner.
K. Every sign shall be designed and located in such a
manner as to:
(1) Not impair public safety.
(2) Not restrict clear vision between a sidewalk and street.
(3) Not be confused with any traffic sign or signal.
(4) Not prevent free access to any door, window or fire
escape.
(5) Withstand a wind pressure load of 30 pounds per square
foot.
L. No advertising sign shall be erected unless a permit therefor shall be first obtained from the Code Enforcement Officer of the Town of Chautauqua or his designee. The permit application and the permit shall be on forms prescribed by the Town Board and may require information concerning materials, dimensions, colors, method of construction or other specifications. The Code Enforcement Officer or his designee shall make a determination as to whether or not the proposed sign may create a hazard to public health or safety by reason of the method of construction, materials, colors, dimensions or other specifications and may issue an order requiring changes so as to remove such hazard. The fee for such permit shall be the same as for a building permit; provided, however, that no fee or permit shall be required for signs described in Subsections
A,
H and
I above.
M. No flashing sign may be erected, installed or displayed
in any district.
[Added 9-3-2006 by L.L. No. 3-2006]
A. Purpose. The Town of Chautauqua has appointed a citizens'
committee to conduct a study of the potential secondary effects posed
by adult businesses. This study, along with other similar studies,
has shown that buildings and establishments operated as adult uses
pose secondary effects that are detrimental and harmful to the health,
safety, morals and general welfare of the community. In order to promote
the health, safety, morals and general welfare of the residents of
the Town of Chautauqua, this section is intended to control those
secondary effects of adult businesses by restricting adult uses to
nonresidential areas of the Town to the extent possible and to otherwise
regulating their operation.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
ADULT ESTABLISHMENT
A commercial establishment, including but not limited to
an adult bookstore, adult eating or drinking establishment, adult
theater, adult motel, adult massage establishment, nude model studio
or other adult commercial establishment, or any combination thereof,
as defined below:
(1)
(a)
A bookstore which has as a substantial portion
(equal to or greater than 25%) of its stock-in-trade and/or floor
area as hereinafter defined in any one or more of the following:
[1]
Books, magazines, periodicals or other printed
matter which is characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical
areas; or
[2]
Photographs, films, motion pictures, videocassettes,
slides or other visual representations which are characterized by
an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
(b)
For the purpose of determining whether a substantial
portion (equal to or greater than 25%) of an establishment includes
an adult bookstore, the following factors shall be considered:
[1]
The amount of floor area and cellar space accessible
to customers and allocated to such uses; and
[2]
The amount of floor area and cellar space accessible
to customers and allocated to such uses as compared to the total floor
area and cellar space accessible to customers in the establishment.
(c)
For the purpose of determining whether a bookstore
has a substantial portion (equal to or greater than 25%) of its stock
in materials defined in Subsection A(1)(a)(1] or [2] hereof, the following
factors shall be considered:
[1]
The amount of stock accessible to customers
as compared to the total stock accessible to customers in the establishment;
[2]
The amount of floor area and cellar space accessible
to customers containing such stock; and
[3]
The amount of floor area and cellar space accessible
to customers containing such stock as compared to the total floor
area and cellar space accessible to customers in the establishment.
(2)
(a)
Live performances which are characterized by
an emphasis upon the depiction or description of specified anatomical
areas or specified sexual activities; or
(b)
Films, motion pictures, videocassettes, slides
or other visual representations which are characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas; and
(c)
Employees who as part of their employment, regularly
expose to patrons specified anatomical areas, and which is not customarily
opened to the general public during such features because it excludes
minors by reason of age.
(3)
(a)
A theater which regularly features one or more
of the following:
[1]
Films, motion pictures, videocassettes, slides
or other visual representations which are characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas; or
[2]
Live performances which are characterized by
an emphasis upon the depiction or description of specified anatomical
areas or specified sexual activities, and which is not customarily
opened to the general public during such features because it excludes
minors.
(4)
MASSAGE ESTABLISHMENTAny business where body rubs, body shampoos, massages or similar services are administered. This definition shall not include persons licensed or authorized pursuant to Article 155 of the Education Law, or specifically exempt from Article 155 of the Education Law (see Education Law § 7800, et seq.). This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages. Such establishments are not prohibited, provided they have a duly licensed or authorized person pursuant to Article 155 of the Education Law, or are specifically exempt from Article 155 of the Education Law.
(5)
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons present either immediately or by videoconference or similar electronic means who pay money or any form of consideration for such observation.
BUSINESS
Any commercial enterprise, association or arrangement for
profit.
PERSON
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
SPECIFIED ANATOMICAL AREAS
(1)
Less than completely and opaquely concealed
human genitals, pubic region, human buttock, anus or female breast
below a point immediately above the top of the areola; or
(2)
Human male genitals in a discernibly turgid
state, even if completely and opaquely concealed.
SPECIFIED SEXUAL ACTIVITIES
For the purpose of defining adult establishments:
(1)
Human genitals in a state of sexual stimulation
or arousal;
(2)
Actual or simulated acts of human masturbation,
sexual intercourse, or sodomy; or
(3)
Fondling or other erotic touching of human genitals,
pubic region, buttock, anus or female breast.
SUBSTANTIAL CONNECTION
(1)
In a sole proprietorship, an individual who
owns, operates, controls or conducts, directly or indirectly, any
premises, building or location upon which any adult use takes place.
(2)
In a partnership, limited or general, an individual
who shares in any potential profits or losses of the business or who
shares in the ownership of any of the assets of the partnership business.
(3)
In a corporation, an individual who is an officer,
director or a holder, either directly, indirectly or beneficially,
of more than 20% of any class of stock.
(4)
Any person who furnishes more than 20% of the
capital financing or assets of such business, whether in cash, goods
or services.
C. Restrictions affecting adult uses. In addition to
the other requirements of this section and the Code of the Town of
Chautauqua, adult uses shall be permitted, subject to the following
restrictions:
(1)
No adult use shall be allowed within 1,000 feet
of another existing adult use.
(2)
No adult use shall be located within 500 feet
of the boundaries of any zoning district which is zoned for residential
use.
(3)
No adult use shall be located within 500 feet
of a preexisting school or place of worship, day-care center or playground.
(4)
No adult use shall be located in any zoning
district except in that part of the Industrial (I) District adjacent
to Honeysette Road, described as follows:
Commencing at a point in the easterly bounds
of the Honeysette Road and in the northwest bounds of the Village
of Mayville; thence southwesterly along the northwest bounds of the
Village of Mayville to the southerly corner of Section 11, Block 1,
Lot 15 on the Chautauqua County Tax Maps for the Town of Chautauqua;
thence northwesterly along the northeasterly bounds of the Village
of Mayville to the northwesterly corner of Section 11, Block 1, Lot
2 of said Tax Maps; thence northeasterly along the northwesterly bounds
of 2 and 1 of Block 1, Section 11 of said Tax Maps for the Town of
Chautauqua and a continuation of said line to the southwest corner
of Section 9 of the County Tax Maps for the Town of Chautauqua; thence
northwesterly, northeasterly and northwesterly along the southwesterly
bounds of said Section 9 to the northwest corner of Lot 49, Block
1 of said Section 9, thence easterly along the north bounds of lots
49 and 50 of Block 1 of said Section 9 to the northeast corner of
said Lot 50; thence southerly along the east bounds of said Lot 50
and a continuation thereof to the easterly bounds of Honeysette Road;
thence southerly along the easterly bounds of Honeysette Road to the
point of beginning.
|
D. Registration. No person, firm, corporation or other
entity shall lease, rent, maintain, operate, use or allow to be operated
or used any business or establishment, any part of which contains
an adult use, without first complying with the provisions of this
subsection as follows:
(1)
In addition to any and all other necessary licenses
and permits, no form of adult use shall be allowed to operate or be
allowed to continue to operate until a certificate of registration
is filed with the Clerk of the Town of Chautauqua, containing:
(a)
The address of the premises.
(b)
The name and address of the owner(s) of the
premises and the name and address of the beneficial owner(s) if the
property is in a land trust.
(c)
The name of the business or the establishment
subject to the provisions of this section.
(d)
The names, business and home addresses and business
or home phone numbers of all owners of the business or establishment
subject to the provisions of this section.
(e)
The names, business and home addresses and business
or home phone numbers of all those persons having a substantial connection
with the business or establishment subject to the provisions of this
section.
(f)
The date of the initiation of the adult use.
(g)
The exact nature of the adult use.
(h)
If the premises or the building in which the
business containing the adult use is located is leased, a copy of
the lease.
(2)
If there occurs any change in the formation
required for the certificate of registration, the Clerk of the Town
of Chautauqua shall be notified of such change, and a new or amended
certificate shall be filed within 30 days of such change.
(3)
The processing fee for each such certificate
of registration or amendment thereto shall be $500.
(4)
A licensing fee in the amount of $500 per year
shall be required of each and every business and/or establishment
as defined under this section.
(5)
No certificate of registration issued under
the provisions of this section shall be transferable to any person
other than the registrant, nor shall a certificate of registration
be transferable for use at any premises, building or location other
than stated in the certificate of registration.
(6)
The owner or manager of any adult use shall
cause a copy of the certificate of registration issued under the provisions
of this section to be prominently displayed on the premises, building
or location for which it is issued.
(7)
Any knowingly false statement or any statement
which the registrant or applicant should reasonably have known to
be false which is provided in the certificate of registration, license
or any document or information supplied therewith shall be grounds
for the rejection, suspension or revocation of the certificate of
registration.
(8)
It is a violation of this chapter for the owner
or person in control of any property to establish or operate thereon
or to permit any person to establish or operate an adult use without
having in force a certificate of registration and current valid license
complying with this section.
(9)
The Town Code Enforcement Officer shall be authorized
to inspect and enforce all provisions of this section.
E. Prohibition regarding public observation. No adult
use shall be conducted in any manner that permits the observation
of any material depicting, describing or relating to specified sexual
activities or specified anatomical areas from any public way or from
any property not registered as an adult use. This provision shall
apply to any display, decoration, sign, show window, screen or other
opening.
[Added 9-9-1991 by L.L. No. 1-1991]
In any district where any of the following uses
is permitted, no use of land for a circus, open-air performance, entertainment,
festival or other similar gathering of 5,000 or more persons for any
such event may be undertaken without the prior issuance of a special
use permit, regardless of whether or not there is an admittance charge,
acceptance of contributions or free entrance, and any such use without
a special use permit shall be deemed a violation. Nothing in this
section shall apply to the Chautauqua Institution District or to any
authorized theater, nor shall the provisions of this section be deemed
or cited as a waiver of any applicable law or regulation other than
this chapter.
[Added 7-8-2019 by L.L. No. 1-2019]
A. Wedding or private event facility. Wedding or private event facilities
shall be permitted in the Residential-Agricultural (R-A) and Commercial-Tourism
(C-T) Districts upon securing a special use permit from the Town Board
of the Town of Chautauqua, provided that:
(1)
No vehicles associated with the event shall be permitted to
be parked on public roadways. All vehicle parking shall be maintained
on-site. "On-site" is defined as at least 30 feet from the property
boundaries of the parcel on which the event is permitted.
(2)
One parking space for every three persons attending the event
shall be provided for on-site parking. The Board may approve, in its
discretion, the use of off-site parking as an alternative, with transportation
to the site by attendees through a commercial transportation service.
(3)
The general event area [the actual location(s) in which the
gathering is to occur] shall be located 200 feet from adjacent owner's
property lines. All activities associated with the use are to be included
within the general event area, the only exception being the parking
as allowed above.
(4)
Sources of amplified sound, including but not limited to recorded
music, live musical performances, and spoken word, shall commence
no earlier than 12:00 noon and shall be terminated by 10:00 p.m. on
Sunday through Thursday and at 12:00 midnight on Friday and Saturday
nights.
(5)
No overnight accommodations shall be allowed in temporary structures
such as tents or recreational vehicles. Any venues which provide overnight
accommodations must comply with all applicable codes and laws related
to the provision of said accommodations.
(6)
Adequate sanitary restroom facilities shall be provided on site.
B. The Town Board recognizes that no regulation can anticipate every
creative plan that may be devised, which, though not in strict compliance
with the provisions of this subsection, nevertheless, is not objectionable.
Accordingly, the Town Board is hereby empowered to grant relief to
an applicant from the strict application of this subsection where
the applicant provides sufficient grounds for a finding that the proposed
use comports as much as feasible with the spirit and letter of this
subsection and, though not in strict compliance therewith, remains
aesthetically pleasing, promotes traffic safety, protects neighboring
properties, and preserves property values within the Town of Chautauqua.